justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.784. Temporary order for parenting time or visitation. In a child custody enforcement proceeding authorized by law: (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A parenting time or visitation schedule made by a court of another state; or (b) The visitation or parenting time provisions of a child custody determination of another state that permit visitation or parenting time but do not provide for a specific visitation or parenting time schedule. (2) If a court of this state makes an order under subsection (1)(b) of this section, the court shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in ORS 109.741 to 109.771. The order remains in effect until an order is obtained from the other court or the period expires. [1999 c.649 26] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.787. Registration of child custody determination; notice; fee; hearing. (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to any circuit court in this state: (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
ORS Chapter 109 — Parent and Child Rights and

ORS 109.791. Enforcement of registered determination. (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with ORS 109.741 to 109.771, a registered child custody determination of a court of another state. [1999 c.649 28] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.794. Simultaneous proceedings. If a proceeding for enforcement under ORS 109.774 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.797. Expedited enforcement of child custody determination. (1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A petition for enforcement of a child custody determination must state: (a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (b) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under ORS 109.701 to 109.834 and, if so, must identify the court, the case number and the nature of the proceeding; (c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, must identify the court, the case number and the nature of the proceeding; (d) The present physical address of the child and the respondent, if known; (e) Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (f) If the child custody determination has been registered and confirmed under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.801. Service of petition and order. Except as otherwise provided in ORS
ORS Chapter 109 — Parent and Child Rights and

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
ORS Chapter 109 — Parent and Child Rights and

ORS 109.807. Warrant to take physical custody of child. (1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state. (2) If the court, upon the testimony of the petitioner or other witness, is satisfied that there is probable cause to believe that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by ORS 109.797 (2). (3) A warrant to take physical custody of a child must: (a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (b) Direct law enforcement officers to take physical custody of the child immediately; and (c) Provide for the placement of the child pending final relief. (4) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. (5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the childs custodian. [1999 c.649 33] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.811. Costs, fees and expenses. (1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. An award may be inappropriate if the award would cause the parent or child to seek public assistance or medical assistance, as defined in ORS 414.025. (2) The court may not assess fees, costs or expenses against a state unless authorized by law other than ORS 109.701 to 109.834. [1999 c.649 34; 2013 c.688 13] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.814. Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.817. Appeals. An appeal may be taken from a final order in a proceeding under ORS 109.774 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.821. Role of district attorney. (1) In a case arising under ORS 109.701 to 109.834 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under ORS 109.774 to 109.827 or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is: (a) An existing child custody determination; (b) A request to do so from a court in a pending child custody proceeding; (c) A reasonable belief that a criminal statute has been violated; or (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (2) A district attorney acting under this section acts on behalf of the state to protect the states interest in the enforcement of ORS 109.701 to 109.834 and may not represent any party. [1999 c.649 37] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.824. Role of law enforcement officer. At the request of a district attorney acting under ORS 109.821, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under ORS 109.821. [1999 c.649 38] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.827. proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ORS 109.741 to 109.771, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. [1999 c.649 29] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.830. [1973 c.375 13; repealed by 1999 c.649 55] (Miscellaneous Provisions)
ORS Chapter 109 — Parent and Child Rights and

ORS 109.831. Application and construction. In applying and construing ORS 109.701 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.834. 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
ORS Chapter 109 — Parent and Child Rights and

ORS 109.930. [1973 c.375 24; repealed by 1999 c.649 55] PENALTY
ORS Chapter 109 — Parent and Child Rights and

ORS 109.990. Penalty. (1) A person who violates ORS 109.281 (3) or who submits a false statement under ORS 109.281 (1) commits a Class C felony. (2) A person who violates any provision of ORS 109.281 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. [1985 c.403 2 (4); 1993 c.717 5; subsection (3) of 1993 Edition enacted as 1993 c.410 9; 1995 c.79 44; 1995 c.730 4] Note: See note under
ORS Chapter 111 — General Provisions

ORS 111.010. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.015. Application of chapter 591, Oregon Laws 1969. Except as specifically provided otherwise in chapter 591, Oregon Laws 1969, on July 1, 1970, chapter 591, Oregon Laws 1969, applies to wills of decedents dying thereafter, and a will executed before July 1, 1970, shall be considered lawfully executed if the application of ORS 112.255 would make it so, but the construction of a will executed before July 1, 1970, shall be governed by the law in effect on the date of execution unless a contrary intent is established by the will.
ORS Chapter 111 — General Provisions

ORS 111.020. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.025. Oregon Tax Court jurisdiction. For purposes of ORS chapters 111 to 116, the Oregon Tax Court is not a court having probate jurisdiction and is limited to the trial of appeals on estate tax matters.
ORS Chapter 111 — General Provisions

ORS 111.030. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.040. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.050. [Repealed by 1969 c.591 305] PROBATE COURTS AND COMMISSIONERS
ORS Chapter 111 — General Provisions

ORS 111.055. Transfer of probate jurisdiction. (1) All probate jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof are transferred to the circuit courts and the judges thereof in all counties except Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. (2) All probate jurisdiction, authority, powers, functions and duties of the circuit courts and the judges thereof are transferred to the county courts and the judges thereof in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties.
ORS Chapter 111 — General Provisions

ORS 111.060. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.070. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.075. Probate jurisdiction vested. Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115.
ORS Chapter 111 — General Provisions

ORS 111.085. Probate jurisdiction described. (1) The jurisdiction of the probate court includes, but is not limited to: (a) Appointment and qualification of personal representatives. (b) Probate and contest of wills. (c) Determination of heirship. (d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators. (e) Administration, settlement and distribution of estates of decedents. (f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding. (g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships. (h) Supervision and disciplining of personal representatives, guardians and conservators. (i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee. (2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate. (3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate.
ORS Chapter 111 — General Provisions

ORS 111.095. Powers of probate court. (1) A probate court has the general legal and equitable powers of a circuit court. (2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court. (3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate. (4) A court having jurisdiction over a probate proceeding may: (a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedents taxes, financial affairs or property. (b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction. (c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117. (d) Determine ownership of title for real or personal property. (e) Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property. (f) Require the fiduciary to produce any and all records that might provide information about the condition of the estates property. (g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate. (h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed. (i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment. (j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciarys authority, the courts approval of the fiduciarys actions or the courts instructions to the fiduciary.
ORS Chapter 111 — General Provisions

ORS 111.105. Appeals from probate court; reexamination of issues. (1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdiction. (2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court. (3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court of Appeals in the manner provided by ORS 5.120.
ORS Chapter 111 — General Provisions

ORS 111.110. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.115. Transfer of estate proceeding from county court to circuit court. (1) An estate proceeding may be transferred at any time from a county court to the circuit court for the county by order of the county court. (2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred from the county court to the circuit court for the county by order of the county court. (3) Upon transfer of an estate proceeding from a county court to the circuit court for the county under this section: (a) The county clerk shall certify and cause to be filed in the records of the circuit court all original papers, records and proceedings pertaining to the estate proceeding; and (b) Jurisdiction over the estate proceeding vests in the circuit court as if the jurisdiction had been originally and exclusively vested in the circuit court.
ORS Chapter 111 — General Provisions

ORS 111.120. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.130. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.140. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.150. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.160. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.170. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.175. Appointment of probate commissioner and deputy probate commissioners. The presiding judge of a circuit court or the county judge of a county court may appoint a probate commissioner and one or more deputy probate commissioners and, if such appointments are made, shall prescribe, by rule or order, the duties and responsibilities of the probate commissioner and deputy probate commissioners, subject to ORS 111.185.