Chapter 109 — Parent and Child Rights and Relationships

ORS 109.804 Immediate physical custody of child; exceptions; spousal privilege in certain proceedings

(1)

Unless the court issues a temporary emergency order under ORS 109.751, upon a finding that a petitioner is entitled to immediate physical custody of the child under the controlling child custody determination, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(a)

The child custody determination has not been registered and confirmed under ORS 109.787 and that:

(A)

The issuing court did not have jurisdiction under ORS 109.741 to 109.771;

(B)

The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under ORS 109.741 to 109.771; or

(C)

The respondent was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which enforcement is sought; or

(b)

The child custody determination for which enforcement is sought was registered and confirmed under ORS 109.787, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under ORS 109.741 to 109.771.

(2)

The court shall award the fees, costs and expenses authorized under ORS 109.811, may grant additional relief, including a request for the assistance of law enforcement officials, and may set further hearings, if necessary, to determine whether additional relief is appropriate.

(3)

A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may

not be invoked in a proceeding under ORS 109.774 to 109.827.

Note: See note under 109.701.