Kness and Kness

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 10-12-2016
  • Case #: A159188
  • Judge(s)/Court Below: Flynn, J. for the Court; Sercombe, P.J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 107.137(1), the “best interests” standard requires a court to give weight to the preference of the child’s primary caregiver when determining if a child can move with one parent to a new location.

Mother appealed an order disallowing her relocation to a new town with Child. Mother argued that the trial court did not properly give weight to her preference as Child’s primary caregiver. Under ORS 107.137(1), the “best interests” standard requires a court to give weight to the preference of the child’s primary caregiver when determining if a child can move with one parent to a new location. Mother was Child’s primary care giver but Father opposed Child’s move to a new city with Mother. The trial court’s order did not demonstrate any preference to Mother’s role as primary caregiver. Therefore, the Court held the trial court improperly applied the “best interests” standard when making its determination. Vacated and remanded.

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