Oregon Statutes 107.179 – Request for joint custody of children; mediation
(1) When either party to a child custody issue, other than one involving temporary custody, whether the issue arises from a case of marital annulment, dissolution or separation, or from a determination of parentage, requests the court to grant joint custody of the minor children of the parties under ORS § 107.105, the court, if the other party objects to the request for joint custody, shall proceed under this section. The request under this subsection must be made, in the petition or the response, or otherwise not less than 30 days before the date of trial in the case, except for good cause shown. The court in such circumstances, except as provided in subsection (3) of this section, shall direct the parties to participate in mediation in an effort to resolve their differences concerning custody. The court may order such participation in mediation within a mediation program established by the court or as conducted by any mediator approved by the court. Unless the court or the county provides a mediation service available to the parties, the court may order that the costs of the mediation be paid by one or both of the parties, as the court finds equitable upon consideration of the relative ability of the parties to pay those costs. If, after 90 days, the parties do not arrive at a resolution of their differences, the court shall proceed to determine custody.
Terms Used In Oregon Statutes 107.179
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- joint custody: means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child's residence, education, health care and religious training. See Oregon Statutes 107.169
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) At its discretion, the court may:
(a) Order mediation under this section prior to trial and postpone trial of the case pending the outcome of the mediation, in which case the issue of custody shall be tried only upon failure to resolve the issue of custody by mediation;
(b) Order mediation under this section prior to trial and proceed to try the case as to issues other than custody while the parties are at the same time engaged in the mediation, in which case the issue of custody shall be tried separately upon failure to resolve the issue of custody by mediation; or
(c) Complete the trial of the case on all issues and order mediation under this section upon the conclusion of the trial, postponing entry of the judgment pending outcome of the mediation, in which case the court may enter a limited judgment as to issues other than custody upon completion of the trial or may postpone entry of any judgment until the expiration of the mediation period or agreement of the parties as to custody.
(3) If either party objects to mediation on the grounds that to participate in mediation would subject the party to severe emotional distress and moves the court to waive mediation, the court shall hold a hearing on the motion. If the court finds it likely that participation in mediation will subject the party to severe emotional distress, the court may waive the requirement of mediation.
(4) Communications made by or to a mediator or between parties as a part of mediation ordered under this section are privileged and are not admissible as evidence in any civil or criminal proceeding. [1987 c.795 § 13; 2003 c.576 § 116; 2017 c.651 § 13]
[1959 c.534 § 1; renumbered 107.430]
[Repealed by 1973 c.502 § 18]
[Repealed by 1973 c.502 § 18]
[Repealed by 1973 c.502 § 18]
[Repealed by 1973 c.502 § 18]
[Amended by 1955 c.648 § 5; 1959 c.572 § 2; 1969 c.221 § 2; 1969 c.313 § 1; repealed by 1973 c.502 § 18]
[Repealed by 1973 c.502 § 18]
[Amended by 1969 c.198 § 55; repealed by 1973 c.502 § 18]
[Amended by 1959 c.572 § 3; 1969 c.591 § 285; repealed by 1973 c.502 § 18]
[Amended by 1971 c.314 § 2; repealed by 1973 c.502 § 18]
[Amended by 1971 c.280 § 23; repealed by 1973 c.502 § 18]
[Amended by 1973 c.502 § 10; renumbered 107.455]
[Repealed by 1973 c.502 § 18]