Oregon Law
Law as of Jan 1, 2024
Chapter contents
107.005Annulment of void marriage; declaration of validity; effect of declaration 107.010[Repealed by 1971 c.280 §28] 107.015Grounds for annulment or dissolution of marriage 107.020[Repealed by 1971 c.280 §28] 107.025Irreconcilable differences as grounds for dissolution or separation 107.030[Amended by 1953 c.439 §2; 1965 c.311 §1; repealed by 1971 c.280 §28] 107.035[1969 c.264 §2; repealed by 1971 c.280 §28] 107.036Doctrines of fault and in pari delicto abolished; evidence and consideration of fault 107.040[Amended by 1965 c.388 §1; repealed by 1971 c.280 §28] 107.045[1957 c.444 §1; 1965 c.603 §1; repealed by 1971 c.280 §28] 107.046Appearance by public official 107.050[Amended by 1965 c.603 §2; repealed by 1971 c.280 §28] 107.055Appearance by respondent; affirmative defenses abolished 107.060[Amended by 1965 c.603 §3; repealed by 1971 c.280 §28] 107.065[1971 c.280 §6; 1979 c.284 §99; 1999 c.569 §1; 2003 c.576 §243; repealed by 2011 c.114 §1] 107.070[Repealed by 1971 c.280 §28] 107.075Residence requirements 107.080[Repealed by 1971 c.280 §28] 107.085Petition; title; content 107.086Where to file petition 107.087When petition to be served on Division of Child Support 107.088Clerk of court to furnish certain information when petition is filed 107.089Documents parties must furnish to each other; effect of failure to furnish 107.090[Amended by 1953 c.602 §2; 1955 c.648 §4; 1959 c.572 §1; 1969 c.221 §1; repealed by 1971 c.280 §28] 107.092Notice that spouse may continue health insurance coverage; liability of clerk 107.093Restraining order; request for hearing 107.094Forms for restraining order and request for hearing 107.095Provisions court may make after commencement of suit and before judgment; entry of judgment upon affidavit or declaration under penalty of perjury establishing prima facie case 107.097Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing 107.100[Amended by 1953 c.553 §2; 1953 c.635 §2; 1961 c.540 §1; 1963 c.476 §1; 1965 c.603 §6; 1969 c.198 §53; 1969 c.591 §283; repealed by 1971 c.280 §28] 107.101Policy regarding parenting 107.102Parenting plan; content 107.103Alternative dispute resolution conference procedure 107.104Policy regarding settlement; enforcement of settlement terms; remedies 107.105Provisions of judgment 107.106Provisions of order or judgment providing for custody, parenting time, visitation or support of child 107.107[1981 c.775 §4; repealed by 1983 c.728 §9] 107.108Support or maintenance for child attending school; rules 107.110[Amended by 1965 c.603 §4; 1969 c.179 §1; 1969 c.198 §54; 1969 c.591 §284; repealed by 1971 c.280 §28] 107.111When parents equally responsible for funeral expenses of child 107.115Effect of judgment; effective date; appeal pending upon death of party 107.118Definitions for ORS 107.118 to 107.131 107.120[Repealed by 1971 c.280 §28] 107.121Revocation of designation of beneficiary upon entry of judgment 107.124Effect of revocation 107.125[1965 c.386 §3; repealed by 1971 c.280 §28] 107.126[1971 c.280 §15; 1993 c.716 §4; 1993 c.763 §7; 1997 c.801 §148; repealed by 2003 c.576 §580] 107.130[Amended by 1961 c.429 §1; repealed by 1971 c.280 §28] 107.131Conveyance or release of contingent or expectant interests 107.133Remedy following conviction for attempted murder or conspiracy to commit murder 107.135Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies 107.136Reinstatement of terminated spousal support 107.137Factors considered in determining custody of child 107.138Temporary status quo order regarding child custody 107.139Post-judgment ex parte temporary custody or parenting time order; hearing 107.140[Paragraph (f) of subsection (1) of 1959 Replacement Part enacted as 1955 c.72 §1; repealed by 1961 c.551 §2] 107.141[1961 c.551 §1; repealed by 1971 c.280 §28] 107.142[1971 c.280 §17; 1973 c.530 §1; 1981 c.537 §1; repealed by 2003 c.576 §580] 107.145Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state 107.146Expedited hearing upon motion by deployed parent; provision for alternate testimony when deployed parent cannot personally appear 107.149Policy regarding parents and their children 107.150[Subsection (5) enacted as 1953 c.491 §1; 1959 c.228 §1; subsection (6) enacted as 1965 c.603 §7; subsection (7) enacted as 1965 c.386 §4; repealed by 1971 c.280 §28] 107.154Authority of parent when other parent granted sole custody of child 107.159Notice of change of residence 107.160[Amended by 1963 c.497 §4; repealed by 1971 c.280 §28] 107.164Parents’ duty to provide information to each other 107.169Joint custody of child; modification 107.170[1955 c.648 §1; repealed by 1961 c.210 §6] 107.174Modification of order for parenting time; stipulation; exception for nonresident child 107.179Request for joint custody of children; mediation 107.180[1959 c.534 §1; renumbered 107.430] 107.210[Repealed by 1973 c.502 §18] 107.220[Repealed by 1973 c.502 §18] 107.230[Repealed by 1973 c.502 §18] 107.240[Repealed by 1973 c.502 §18] 107.250[Amended by 1955 c.648 §5; 1959 c.572 §2; 1969 c.221 §2; 1969 c.313 §1; repealed by 1973 c.502 §18] 107.260[Repealed by 1973 c.502 §18] 107.270[Amended by 1969 c.198 §55; repealed by 1973 c.502 §18] 107.280[Amended by 1959 c.572 §3; 1969 c.591 §285; repealed by 1973 c.502 §18] 107.290[Amended by 1971 c.314 §2; repealed by 1973 c.502 §18] 107.300[Amended by 1971 c.280 §23; repealed by 1973 c.502 §18] 107.310[Amended by 1973 c.502 §10; renumbered 107.455] 107.320[Repealed by 1973 c.502 §18] 107.400Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought 107.405Powers of court in dissolution, annulment or separation proceedings 107.406Legislative findings; policy regarding spousal support 107.407Petition to set aside spousal support provisions of judgment 107.408Duty to provide income tax information 107.410[1961 c.418 §1; repealed by 1971 c.280 §28] 107.412Procedure applicable to ORS 107.407; matters considered; attorney fees 107.415Notice of change of status of child; effect of failure to give notice 107.420[1961 c.340 §1; repealed by 1971 c.280 §28] 107.425Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children 107.430[Formerly 107.180; 1963 c.223 §1; repealed by 1971 c.280 §28] 107.431Modification of portion of judgment regarding parenting time or child support; procedure 107.434Expedited parenting time enforcement procedure; remedies 107.435[1971 c.280 §19; repealed by 1973 c.502 §18] 107.437Order of assistance to obtain custody of child held in violation of custody order 107.440[1963 c.434 §14; 1965 c.386 §1; repealed by 1971 c.280 §28] 107.445Attorney fees in certain domestic relations proceedings 107.449Transfer of proceeding under ORS 107.135 to auxiliary court 107.450[1963 c.434 §13; 1965 c.386 §2; repealed by 1971 c.280 §28] 107.452Reopening case if assets discovered after entry of judgment 107.455Effect of separation statutes or judgments on subsequent dissolution proceedings 107.465Conversion of judgment of separation into judgment of dissolution 107.475Court to determine duration of separation; modification or vacation of judgment 107.485Conditions for summary dissolution procedure 107.490Commencement of proceeding; petition content; court authority 107.500Forms 107.510Definitions for ORS 107.510 to 107.610 107.520Establishment of conciliation jurisdiction 107.530Source of conciliation services; county to pay expenses 107.540Conciliation jurisdiction by court; effect 107.550Petition for conciliation jurisdiction; content; rules 107.560Effect of petition; waiver 107.570Notice; attendance at hearings 107.580Restriction of services; priority when children involved; rules 107.590Court orders; reconciliation agreements 107.600Privacy of proceedings; confidentiality of communications; records 107.610Qualifications of conciliation counselors 107.615Fees to support services; contracts for service; eligibility rules 107.700Short title 107.705Definitions for ORS 107.700 to 107.735 107.707Application of Uniform Child Custody Jurisdiction and Enforcement Act 107.710Petition to circuit court for relief; burden of proof 107.715[1977 c.845 §7; repealed by 1981 c.780 §5 (107.716 enacted in lieu of 107.715)] 107.716Hearing; order; certificate of compliance; effect on title to real property; no undertaking required 107.717Appearance by telephone or two-way electronic communication device 107.718Restraining order; service of order; request for hearing 107.719Removal of personal effects; party accompanied by peace officer 107.720Enforcement of restraining orders; sheriff’s proceedings; security; termination order 107.721Petitioner’s change of residence 107.722Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment 107.723Service of restraining order; transmission by electronic communication device 107.725Renewal of order 107.726Standing to petition for relief of person under 18 years of age 107.728Where to file petition; contempt proceedings 107.730Modification of order entered under ORS 107.700 to 107.735; service; attorney fees 107.732Recovering custody of child 107.735Duties of State Court Administrator 107.755Court-ordered mediation; rules 107.765When referral to mediation permitted; scope of mediation; report to court of outcome of mediation 107.775Methods of providing mediation services; qualifications; costs 107.785Privacy of proceedings; confidentiality of communications; records 107.795Availability of other remedies 107.810Policy 107.820Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums; attorney fees and costs; modification of judgment 107.825Court-ordered beneficiary action against third-party beneficiary after death of obligor 107.830Physical examination may be ordered; responsibility for premiums 107.835Waiver of personal service in subsequent contempt proceeding 107.837Attorney fees; effect of authorization to party 107.840Confidentiality of Social Security numbers 107.843Supplemental judgments

Chapter 107 — Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention DISSOLUTION, ANNULMENT AND 107.127 Notice of revocation; payments made un- SEPARATION der governing instrument

ORS 107.732 Recovering custody of child

(1)

An order or a modification to an order issued under ORS 107.700 to 107.735 that provides for the custody of a child shall, when requested by the party awarded custody, contain a provision ordering a peace officer to assist in recovering the custody of the child and authorizing the use of any reasonable force necessary to that end, including directing forcible entry into specified premises.

(2)

An order under ORS 107.718 directing the sheriff to use any reasonable force necessary to enforce the order authorizes the sheriff to make a forcible entry into the premises specified in the order.

(3)

No peace officer shall be civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under ORS 107.700 to 107.735, except for intentional torts outside the scope of the peace officer’s duties.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.