In re the Marriage of Neville

I concur in the dismissal of this case as one in which review was improvidently allowed, because the issue that petitioner on review wants this court to address was not raised in the trial court or argued to the Court of Appeals. This concurrence expresses my somewhat differing reasons for why the decision of the Court of Appeals, reversing the circuit court and remanding the case to that court, is correct.

In this child visitation case, the issue is whether the Uniform Child Custody Jurisdiction Act (UCCJA, or Act) permits an Oregon court to avoid exercising jurisdiction over a child…