109.704
Definitions for ORS 109.701 to 109.834. As used in ORS 109.701 to 109.834:
(1) “Abandoned”
means left without provision for reasonable and necessary care or supervision.
(2) “Child” means
an individual who has not attained 18 years of age.
(3) “Child
custody determination” means a judgment or other order of a court providing for
the legal custody, physical custody, parenting time or visitation with respect
to a child. “Child custody determination” includes a permanent, temporary,
initial and modification order. “Child custody determination” does not include
an order relating to child support or other monetary obligation of an
individual.
(4) “Child
custody proceeding” means a proceeding in which legal custody, physical
custody, parenting time or visitation with respect to a child is an issue. “Child
custody proceeding” includes a proceeding for divorce, separation, neglect,
abuse, dependency, guardianship, parentage, termination of parental rights and
protection from domestic violence in which the issue may appear. “Child custody
proceeding” does not include a proceeding involving juvenile delinquency,
contractual emancipation or enforcement under ORS 109.774 to 109.827.
(5) “Commencement”
means the filing of the first pleading in a proceeding.
(6) “Court” means
an entity authorized under the law of a state to establish, enforce or modify a
child custody determination.
(7) “Home state”
means the state in which a child lived with a parent or a person acting as a
parent for at least six consecutive months immediately before the commencement
of a child custody proceeding. In the case of a child less than six months of
age, “home state” means the state in which the child lived from birth with any
of the persons mentioned. Any temporary absence of any of the mentioned persons
is part of the period.
(8) “Initial
determination” means the first child custody determination concerning a
particular child.
(9) “Issuing
court” means the court that makes a child custody determination for which
enforcement is sought under ORS 109.701 to 109.834.
(10) “Issuing
state” means the state in which a child custody determination is made.
(11) “Modification”
means a child custody determination that changes, replaces, supersedes or is
otherwise made after a previous determination concerning the same child,
whether or not it is made by the court that made the previous determination.
(12) “Person”
means an individual, corporation, public corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
government or a governmental subdivision, agency or instrumentality, or any
other legal or commercial entity.
(13) “Person
acting as a parent” means a person, other than a parent, who:
(a) Has physical
custody of the child or has had physical custody for a period of six
consecutive months, including any temporary absence, within one year
immediately before the commencement of a child custody proceeding; and
(b) Has been
awarded legal custody by a court or claims a right to legal custody under the
law of this state.
(14) “Physical
custody” means the physical care and supervision of a child.
(15) “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States.
(16) “Tribe”
means an Indian tribe or band, or Alaska Native village, that is recognized by
federal law or formally acknowledged by a state.
(17) “Warrant”
means an order issued by a court authorizing law enforcement officers to take
physical custody of a child. [1999 c.649 §2; 2003 c.576 §159; 2017 c.651 §34;
2021 c.97 §13]
Note: See note under 109.701.
Notes of Decisions
Cited in
24
cases (
9 in the last 5 years), 2001–2026 · leading case:
In re Schwartz, 410 P.3d 319 (Or. Ct. App. 2017).
In re Schwartz, 410 P.3d 319 (Or. Ct. App. 2017).
· cites it 5× “1 Answering that question requires us to determine, as a matter of first impression in this state, what legal test governs the determination whether a child's absence from a putative "home state" is a "temporary absence" within the meaning of ORS 109.704(7), such that the time…”
Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).
· cites it 12× “See ORS 109.704(11) ("`Modification' means a child custody determination * * * made after a previous determination concerning the same child * * *.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
· cites it 13× “” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
· cites it 4× “” ORS 109.704(3). As we have stated, the prefatory note to the UCCJEA states that that definition is intended to be “sweeping.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
· cites it 9× “” ORS 109.704(3). ORS 109.751(2) provides that such a determina- tion “remains in effect until an order is obtained from a court of a state” having initial-custody jurisdiction.”
Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019).
· cites it 8× “5 Accordingly, we decline to address the "acting as a parent" issue further, and we express no opinion on the meaning of the ORS 109.704(13) definition of "[p]erson acting as a parent" or how that definition might apply in this case.”
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003).
· cites it 4× “747 satisfied in this case? The omnibus definitional provision of the UCCJEA, ORS 109.704, defines both “modification” and “child custody determination.”
Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013).
· cites it 2× ““Home state” is defined by ORS 109.704(7), which provides, in part, “In the case of a child less than six months of age, ‘home state’ means the state in which the child lived from birth with [a parent or person acting as a parent].”
Campbell v. Tardio, 323 P.3d 317 (Or. Ct. App. 2014).
“Subsection 7 of ORS 109.704 defines the term “home state” to mean “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months before the commencement of a child custody proceeding.”
Shepard v. Lopez-Barcenas, 116 P.3d 254 (Or. Ct. App. 2005).
· cites it 2× “ORS 109.704(7). Accordingly, mother and N are considered to have lived in Mexico for the six-month period before the commencement of the proceeding, and Mexico was N’s home state.”
— Or. Rev. Stat. § 109.704(1) — 2 cases
— Or. Rev. Stat. § 109.704(11) — 4 cases
Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).
“See ORS 109.704(11) ("`Modification' means a child custody determination * * * made after a previous determination concerning the same child * * *.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003).
“747 satisfied in this case? The omnibus definitional provision of the UCCJEA, ORS 109.704, defines both “modification” and “child custody determination.”
— Or. Rev. Stat. § 109.704(13) — 1 case
Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019).
“5 Accordingly, we decline to address the "acting as a parent" issue further, and we express no opinion on the meaning of the ORS 109.704(13) definition of "[p]erson acting as a parent" or how that definition might apply in this case.”
— Or. Rev. Stat. § 109.704(13)(b) — 1 case
Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019).
“5 Accordingly, we decline to address the "acting as a parent" issue further, and we express no opinion on the meaning of the ORS 109.704(13) definition of "[p]erson acting as a parent" or how that definition might apply in this case.”
— Or. Rev. Stat. § 109.704(3) — 7 cases
Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).
“See ORS 109.704(11) ("`Modification' means a child custody determination * * * made after a previous determination concerning the same child * * *.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
“” ORS 109.704(3). As we have stated, the prefatory note to the UCCJEA states that that definition is intended to be “sweeping.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“” ORS 109.704(3). ORS 109.751(2) provides that such a determina- tion “remains in effect until an order is obtained from a court of a state” having initial-custody jurisdiction.”
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003).
“747 satisfied in this case? The omnibus definitional provision of the UCCJEA, ORS 109.704, defines both “modification” and “child custody determination.”
— Or. Rev. Stat. § 109.704(4) — 6 cases
Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).
“See ORS 109.704(11) ("`Modification' means a child custody determination * * * made after a previous determination concerning the same child * * *.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
“” ORS 109.704(3). As we have stated, the prefatory note to the UCCJEA states that that definition is intended to be “sweeping.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“” ORS 109.704(3). ORS 109.751(2) provides that such a determina- tion “remains in effect until an order is obtained from a court of a state” having initial-custody jurisdiction.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019).
“5 Accordingly, we decline to address the "acting as a parent" issue further, and we express no opinion on the meaning of the ORS 109.704(13) definition of "[p]erson acting as a parent" or how that definition might apply in this case.”
— Or. Rev. Stat. § 109.704(5) — 3 cases
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
— Or. Rev. Stat. § 109.704(7) — 19 cases
In re Schwartz, 410 P.3d 319 (Or. Ct. App. 2017).
“1 Answering that question requires us to determine, as a matter of first impression in this state, what legal test governs the determination whether a child's absence from a putative "home state" is a "temporary absence" within the meaning of ORS 109.704(7), such that the time…”
Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).
“See ORS 109.704(11) ("`Modification' means a child custody determination * * * made after a previous determination concerning the same child * * *.”
Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019).
“5 Accordingly, we decline to address the "acting as a parent" issue further, and we express no opinion on the meaning of the ORS 109.704(13) definition of "[p]erson acting as a parent" or how that definition might apply in this case.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“” ORS 109.704(3). ORS 109.751(2) provides that such a determina- tion “remains in effect until an order is obtained from a court of a state” having initial-custody jurisdiction.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
“” ORS 109.704(3). As we have stated, the prefatory note to the UCCJEA states that that definition is intended to be “sweeping.”
— Or. Rev. Stat. § 109.704(8) — 3 cases
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023).
“” UCCJEA § 102(11), 9 ULA at 658 (model act definitions); ORS 109.704(11) (same). Crucially, a protec- tive order issued under state law “is entitled to interstate enforcement and nonmodification under this Act * * * only if there has been notice and a reasonable opportunity to…”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
“” ORS 109.704(3). As we have stated, the prefatory note to the UCCJEA states that that definition is intended to be “sweeping.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
“” ORS 109.704(3). ORS 109.751(2) provides that such a determina- tion “remains in effect until an order is obtained from a court of a state” having initial-custody jurisdiction.”
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