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Oregon Revised Statutes

Or. Rev. Stat. § 109.757 (2026)

Simultaneous proceedings

✓ current as of May 2026
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      109.757 Simultaneous proceedings. (1) Except as otherwise provided in ORS 109.751, a court of this state may not exercise its jurisdiction under ORS 109.741 to 109.771 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with ORS 109.701 to 109.834, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under ORS 109.761.

      (2) Except as otherwise provided in ORS 109.751, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under ORS 109.767. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with ORS 109.701 to 109.834, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with ORS 109.701 to 109.834 does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

      (3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

      (a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;

      (b) Enjoin the parties from continuing with the proceeding for enforcement; or

      (c) Proceed with the modification under conditions it considers appropriate. [1999 c.649 §18]

 

      Note: See note under 109.701.

 

      109.760 [1973 c.375 §6; repealed by 1999 c.649 §55]

Notes of Decisions
Cited in 3 cases (1 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 2× “751; and (4) it can exercise already-existing jurisdiction to modify a determination when there is a simultaneous proceeding to enforce the determination in another state, under ORS 109.757. In addition, it can decline to exercise the jurisdiction that it has under the foregoing…”
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003). · cites it 2× “744 (“exclusive, continuing jurisdiction”); ORS 109.757(1) (pendency of another “proceeding concerning the custody of the child”); and ORS 109.”
Skaug & Skaug (Or. Ct. App. 2026). “737, ORS 109.757, and ORS 109.761; and, finally, provides for swift interstate enforce- ment mechanisms in the spirit of the guarantee that states will give full faith and credit to the custody determinations of other states, e.”
— Or. Rev. Stat. § 109.757(1) — 1 case
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003). “744 (“exclusive, continuing jurisdiction”); ORS 109.757(1) (pendency of another “proceeding concerning the custody of the child”); and ORS 109.”
— Or. Rev. Stat. § 109.757(2) — 1 case
Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003). “744 (“exclusive, continuing jurisdiction”); ORS 109.757(1) (pendency of another “proceeding concerning the custody of the child”); and ORS 109.”
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