In Re the Marriage of Polacek

This matter is before the court on the petition of respondent on review (mother) for an award of attorney fees for her lawyer’s services in opposing father’s petition for review in this court. Father has filed objections. For the reasons set out below, we deny the petition.

Father and mother were married and had three children, but separated in 2005. In 2006, the parties stipulated to a judgment dissolving their marriage and awarding sole custody of the children to mother. One year after entry of the judgment, father filed a motion under ORS 107.135(l)(a) to modify the judgment. 1 The trial…