Husk v. Adelman

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 10-05-2016
  • Case #: A158504
  • Judge(s)/Court Below: Ortega, P.J. For the Court; Lagesen, J.; & Garrett, J.
  • Full Text Opinion

Under ORS 109.119(3)(b), the courts do not have the authority to grant rights outside of “visitation or contact rights.” An order to compel a legal parent to provide a non-custodial non-parent timely access to a child’s medical and education records is outside of the scope of ORS 109.119(3)(b)., and consequently, any such order is invalid, and any prior mediated agreement that grants rights outside those found in ORS 109.119(3)(b) is unenforceable by the courts.

Adelman appealed a trial court judgment granting her former partner Husk timely access to the child's medical and education records, per a mediated agreement between the parties.  Adelman argues that the order is a “clear violation of Troxel v. Granville, 530 U.S. 57 (2000)(“a legal parent should be able to control the day-to-day affairs of a child without interference by the state.")  Husk argued that the Court could order such rights given that Adelman had agreed to provide Husk such rights under a prior mediated agreement. The Court held that under ORS 109.119(3)(b), the court does not have the authority to grant rights outside of “visitation or contact rights.”  An order to compel a legal parent to provide a non-custodial non-parent timely access to a child’s medical and education records is outside of the scope of ORS 109.119(3)(b). Consequently, any such order is invalid, and any prior agreement that grants rights outside those found in ORS 109.119(3)(b) is unenforceable by the courts. Reversed. 

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