In Re the Marriage of Ross

In this domestic relations case, the trial court granted respondent mother’s motion, pursuant to ORCP 21 E, to strike appellant father’s motion to modify the parenting contact provision of the judgment of dissolution. Father challenges that order on a variety of grounds. As explained below, we conclude that the trial court erred in that the allegations of the motion to modify and incorporated submissions were not, in their totality, “sham, frivolous, or irrelevant.” ORCP 21 E. Accordingly, we reverse and remand.

On February 24, 2004, while the parties were married, father committed a variety…