State v. Bayse

Defendant appeals her convictions for two counts of custodial interference in the first degree. ORS 163.257. We reverse.

In 1975 or 1976, defendant’s daughter, Julie Bayse, began living with Michael Bohanan. The couple had two children: one born in 1981, and the other born in 1982. Bayse and Bohanan ceased living together in 1984 or 1985. Bohanan then began living with Phyllis Bounds. Although Bayse had legal custody of the children, Bohanan and Bounds had physical custody from 1986 until December, 1988.

In December, 1988, defendant decided to seek custody of her granddaughters. She retained an…