In re the Marriage of Fenn

VAN HOOMISSEN,

concurring.

I agree with the majority’s result. However, I write to observe that a good case can be made for dismissing mother’s appeal on our own motion. See Gratreak v. North Pacific Lumber Co., 45 Or App 571, 576-77, 609 P2d 375, rev den 289 Or 373 (1980).

The maxim that one who comes into equity must come with clean hands is applicable in domestic relations cases. Parks v. Parks, 182 Or 322, 329, 187 P2d 145 (1947); Hollingworth v. Hollingworth, 173 Or 286, 292, 145 P2d 466 (1944). The dissolution decree awarded joint custody of the *514parties’ child. Without father’s knowledge…