Oregon Revised Statutes

Or. Rev. Stat. § 109.744 (2026)

Exclusive, continuing jurisdiction

✓ current as of May 2026

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109.744 Exclusive, continuing jurisdiction. (1) Except as otherwise provided in ORS 109.751, a court of this state that has made a child custody determination consistent with ORS 109.741 or 109.747 has exclusive, continuing jurisdiction over the determination until:

(a) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training and personal relationships; or

(b) A court of this state or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this state.

(2) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if the court has jurisdiction to make an initial determination under ORS 109.741. [1999 c.649 §14]

Note: See note under 109.701.

Notes of Decisions

Cited in 13 cases (6 in the last 5 years), 2002–2026 · leading case: Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).

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Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). · cites it 118× “A controlling provision of that Act, ORS 109.744, provides: "(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). · cites it 3× “704(8) (applying the same definition of “initial deter- mination” as UCCJEA § 102(8)). That court then generally has “exclusive, continuing jurisdiction” over custody issues involving the child until and unless certain events occur.”

Mayfield & Mayfield, 474 P.3d 454 (Or. Ct. App. 2020). · cites it 27× “747 provides that an Oregon court may not modify a child custody determination made by a court of another state—with a limited exception for temporary emergency jurisdiction—unless the Oregon court meets the requirements for initial-custody jurisdiction and either (1) the other…”

Campbell v. Tardio, 323 P.3d 317 (Or. Ct. App. 2014). · cites it 2× “*82 In light of that fact, the operative statute in this case is ORS 109.744, the provision of the UCCJEA concerning continuing jurisdiction.”

In Re the Marriage of Boldt, 176 P.3d 388 (Or. 2008). · cites it 2× “]” 5 ORS 109.744 provides, in part: “(1) [A] court of this state that has made a child custody determination consistent with ORS 109.”

Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003). · cites it 4× “On appeal, the parties dispute the applicability and operation of various UCCJEA provisions, including ORS 109.744 (“exclusive, continuing jurisdiction”); ORS 109.”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025). · cites it 4× “) 2 ORS 109.744 provides in full: “(1) Except as otherwise provided in ORS 109.”

Puhl & Axel, 345 Or. App. 670 (Or. Ct. App. 2025). · cites it 14× “Once an Oregon court has made an initial custody determination, ORS 109.744 grants that court “exclusive, continuing jurisdiction to make all custody deter- minations for that child.”

Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020). “ORS 109.744. A state has initial-custody jurisdiction in five circumstances.”

In re the Marriage of Epler, 309 P.3d 1133 (Or. Ct. App. 2013). “ORS 109.744. Of course, modification of a child-custody determination requires modification of the judgment in which it is embodied.”

Skaug & Skaug (Or. Ct. App. 2026). · cites it 7× “, ORS 109.744 to 109.827; accord 28 USC § 1738A(a) (“The appropriate authorities of every State shall enforce according to its terms * * * any custody determi- nation or visitation determination made * * * by a court of another State.”

Show all 13 citing cases →

— Or. Rev. Stat. § 109.744(1) — 7 cases

Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). “A controlling provision of that Act, ORS 109.744, provides: "(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “704(8) (applying the same definition of “initial deter- mination” as UCCJEA § 102(8)). That court then generally has “exclusive, continuing jurisdiction” over custody issues involving the child until and unless certain events occur.”

Campbell v. Tardio, 323 P.3d 317 (Or. Ct. App. 2014). “*82 In light of that fact, the operative statute in this case is ORS 109.744, the provision of the UCCJEA concerning continuing jurisdiction.”

Mayfield & Mayfield, 474 P.3d 454 (Or. Ct. App. 2020). “747 provides that an Oregon court may not modify a child custody determination made by a court of another state—with a limited exception for temporary emergency jurisdiction—unless the Oregon court meets the requirements for initial-custody jurisdiction and either (1) the other…”

Puhl & Axel, 345 Or. App. 670 (Or. Ct. App. 2025). “Once an Oregon court has made an initial custody determination, ORS 109.744 grants that court “exclusive, continuing jurisdiction to make all custody deter- minations for that child.”

— Or. Rev. Stat. § 109.744(1)(a) — 7 cases

Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). “A controlling provision of that Act, ORS 109.744, provides: "(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025). “) 2 ORS 109.744 provides in full: “(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 109.744(1)(b) — 5 cases

Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). “A controlling provision of that Act, ORS 109.744, provides: "(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025). “) 2 ORS 109.744 provides in full: “(1) Except as otherwise provided in ORS 109.”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 109.744(2) — 5 cases

Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). “A controlling provision of that Act, ORS 109.744, provides: "(1) Except as otherwise provided in ORS 109.”

Skaug & Skaug (Or. Ct. App. 2026). “, ORS 109.744 to 109.827; accord 28 USC § 1738A(a) (“The appropriate authorities of every State shall enforce according to its terms * * * any custody determi- nation or visitation determination made * * * by a court of another State.”

— Or. Rev. Stat. § 109.744(l)(a) — 1 case

In Re the Marriage of Boldt, 176 P.3d 388 (Or. 2008). “]” 5 ORS 109.744 provides, in part: “(1) [A] court of this state that has made a child custody determination consistent with ORS 109.”

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