(a) A letter or other document requesting registration;
(b) The filing fee established under ORS 21.145;
(c) Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
(d) Except as otherwise provided in ORS 109.767, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child custody determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
(3) The person seeking registration of a child custody determination shall serve notice upon the persons named under subsection (1)(d) of this section notifying them of the opportunity to contest the registration in accordance with this section.
(4) The notice required by subsection (3) of this section must state that:
(a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(b) A hearing to contest the validity of the registered determination must be requested within 21 days after service of notice; and
(c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(5) A person seeking to contest the validity of a registered order must request a hearing within 21 days after service of the notice and pay the filing fee established under ORS 21.145. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(a) The issuing court did not have jurisdiction under ORS 109.741 to 109.771;
(b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771; or
(c) The person contesting registration 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 registration is sought.
(6) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(7) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [1999 c.649 §27; 2011 c.595 §34]
Note: See note under 109.701.
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 109 - Parent and Child Rights and Relationships
Section 109.001 - Breast-feeding in public place.
Section 109.012 - Liability of parents for expenses and education of children.
Section 109.035 - Security required before foreign travel with child.
Section 109.041 - Relationship between adopted child and natural and adoptive parents.
Section 109.065 - Establishing parentage.
Section 109.070 - Presumption of parentage; establishing paternity by voluntary acknowledgment.
Section 109.072 - Petition to vacate or set aside parentage determination.
Section 109.073 - Social Security number of parent in paternity order.
Section 109.090 - Interpretation of ORS 109.060 to 109.090.
Section 109.096 - Notice to putative father when parentage not established.
Section 109.100 - Petition for support; effect of judgment; parties.
Section 109.103 - Proceeding to determine custody or support of child.
Section 109.124 - Definitions for ORS 109.124 to 109.230.
Section 109.125 - Who may initiate proceedings; petition; parties.
Section 109.135 - Circuit court jurisdiction; equity action; place of commencement.
Section 109.175 - Determination of legal custody after parentage established.
Section 109.225 - Notice to Center for Health Statistics after petition filed; filing notice.
Section 109.231 - Records open to public.
Section 109.237 - Attorney fees.
Section 109.243 - Relationship of child resulting from assisted reproduction to mother’s spouse.
Section 109.247 - Application of law to children resulting from assisted reproduction.
Section 109.252 - Authority for blood test; effect of refusal to submit to test; payment for test.
Section 109.254 - Selection of experts to make tests; admissible evidence.
Section 109.256 - Compensation of experts.
Section 109.259 - Temporary child support pending determination of parentage.
Section 109.260 - Applicability to criminal actions for nonsupport.
Section 109.266 - Definitions for ORS 109.266 to 109.410.
Section 109.268 - Interpretation of adoption laws; agreement for continuing contact.
Section 109.270 - Rules regarding home studies and placement reports.
Section 109.274 - Confidentiality of petitioners.
Section 109.283 - Application for home study by Oregon resident.
Section 109.287 - Adoption Summary and Segregated Information Statement; exhibits; confidentiality.
Section 109.301 - Consent to adoption in general.
Section 109.302 - Consent to adoption of Indian child; withdrawal of consent.
Section 109.323 - Consent when custody of child has been awarded in divorce proceedings.
Section 109.324 - Consent when parent has deserted or neglected child.
Section 109.326 - Consent when spouse not parent.
Section 109.327 - Consent by organization located outside Oregon.
Section 109.329 - Adoption of person 18 years of age or older or legally married.
Section 109.331 - Consenting agency disclosure of county and case number of adoption proceeding.
Section 109.332 - Grandparent visitation in stepparent adoption.
Section 109.342 - Medical history of child and biological parents required; content; form.
Section 109.346 - Adoption-related counseling for birth parent.
Section 109.347 - Civil action for failure to pay for counseling; attorney fees.
Section 109.350 - Judgment of adoption or readoption.
Section 109.353 - Notice of voluntary adoption registry required before judgment entered; waiver.
Section 109.381 - Effect of judgment of adoption.
Section 109.400 - Adoption report form.
Section 109.410 - Certificate of adoption; form; persons eligible to receive certificate; status.
Section 109.425 - Definitions for ORS 109.425 to 109.507.
Section 109.430 - Policy and purpose.
Section 109.435 - Adoption records to be permanently maintained.
Section 109.445 - Information of registry confidential.
Section 109.450 - Child placement agency to maintain registry; Department of Human Services duties.
Section 109.455 - Persons eligible to use registry.
Section 109.465 - Content of affidavit; notice of change in information.
Section 109.475 - Processing affidavits; notification of match.
Section 109.480 - Counseling of registrant.
Section 109.485 - Registry information to be maintained permanently.
Section 109.490 - Limits on releasing information.
Section 109.495 - Registrant fee.
Section 109.500 - Genetic, social and health history; availability; fee.
Section 109.503 - Access to adoption records for search; duties of searcher.
Section 109.505 - Support services; adoption and reunion issues.
Section 109.506 - Rulemaking; fees.
Section 109.510 - Age of majority.
Section 109.570 - Legislative findings.
Section 109.572 - Definitions for ORS 109.570 to 109.580.
Section 109.580 - Relative caregiver affidavit.
Section 109.670 - Right to donate blood.
Section 109.672 - Certain persons immune from liability for providing care to minor.
Section 109.680 - Disclosure by mental health care provider without minor’s consent; civil immunity.
Section 109.697 - Right to contract for dwelling unit and utilities without parental consent.
Section 109.701 - Short title.
Section 109.704 - Definitions for ORS 109.701 to 109.834.
Section 109.707 - Proceedings governed by other law.
Section 109.711 - Application to Indian tribes.
Section 109.714 - International application of ORS 109.701 to 109.834.
Section 109.717 - Effect of child custody determination.
Section 109.724 - Notice to persons outside state.
Section 109.727 - Appearance and limited immunity.
Section 109.731 - Communication between courts.
Section 109.734 - Taking testimony in another state.
Section 109.737 - Cooperation between courts; preservation of records.
Section 109.741 - Initial child custody jurisdiction.
Section 109.744 - Exclusive, continuing jurisdiction.
Section 109.747 - Jurisdiction to modify determination.
Section 109.751 - Temporary emergency jurisdiction.
Section 109.754 - Notice; opportunity to be heard; joinder.
Section 109.757 - Simultaneous proceedings.
Section 109.761 - Inconvenient forum.
Section 109.764 - Jurisdiction declined by reason of conduct.
Section 109.767 - Information to be submitted to court.
Section 109.771 - Appearance of parties and child.
Section 109.774 - Definitions for ORS 109.774 to 109.827.
Section 109.777 - Enforcement under Hague Convention.
Section 109.781 - Duty to enforce.
Section 109.784 - Temporary order for parenting time or visitation.
Section 109.787 - Registration of child custody determination; notice; fee; hearing.
Section 109.791 - Enforcement of registered determination.
Section 109.794 - Simultaneous proceedings.
Section 109.797 - Expedited enforcement of child custody determination.
Section 109.801 - Service of petition and order.
Section 109.807 - Warrant to take physical custody of child.
Section 109.811 - Costs, fees and expenses.
Section 109.814 - Recognition and enforcement.
Section 109.821 - Role of district attorney.
Section 109.824 - Role of law enforcement officer.
Section 109.827 - Costs and expenses of district attorney and law enforcement officers.
Section 109.831 - Application and construction.