Legal Opinion

In re Schwartz

Court of Appeals of Oregon

Decided December 13, 2017No. A158348PublishedCited by 15 opinions

1Opinion of the CourtLagesen, J.

*321*334The issue in this child custody appeal is whether the trial court had subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).1 Answering that question requires us to determine, as a matter of first impression in this state, what legal test governs the determination whether a child's absence from a putative "home state" is a "temporary absence" within the meaning of ORS 109.704(7), such that the time away is counted toward the child's residence in the putative home state. The question is a significant one, because it is pivotal to the issue of…

2Cases cited8 opinions

  1. Wink v. MarshallOregon Supreme Court · 1964
  2. Carey v. Lincoln Loan Co.Oregon Supreme Court · 2007
  3. Campbell v. TardioCourt of Appeals of Oregon · 2014
  4. Norris v. NorrisAlaska Supreme Court · 2015
  5. Department of Human Services v. M. H.Court of Appeals of Oregon · 2013

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3Cited by15 opinions

  1. Menten and DeatherageCourt of Appeals of Oregon · 2020
  2. DeLima v. TseviNebraska Supreme Court · 2018
  3. Kragt v. Board of ParoleCourt of Appeals of Oregon · 2023
  4. Dept. of Human Services v. J. S.Court of Appeals of Oregon · 2020
  5. In re Marriage of Schwartz and BattiniCourt of Appeals of Oregon · 2019

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