Ibarra v. Barnes

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-19-2014
  • Case #: A149860
  • Judge(s)/Court Below: ORTEGA, P.J. for the court; and Hadlock, J.
  • Full Text Opinion

In-chambers conversations held off the record may create an insufficient record for the Court of Appeals to review on appeal.

Mother appeals a supplemental judgment that changed custody of the parties’ daughter from mother to father. Mother argues that there was no “substantial change in circumstance,” required by ORS 107.135. The Court held that because a substantial part of trial court’s decision was based on an in-chambers discussion with the daughter, the record was insufficient to allow the Court to review whether the trial court’s determination that there was substantial change in circumstances warranting a change in custody. Affirmed.

Advanced Search