Fox v. Grace

CARNEY, Justice.

I. INTRODUCTION

The superior court denied a father's motion to modify custody because it did not believe it had subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to modify an Oregon custody order. 1 The father appeals, arguing that the superior court erred in failing to consider the controlling statute that governs the court's jurisdiction to modify an out-of-state order.

We agree. The controlling statute, AS 25.30.320, allows the superior court to modify an out-of-state custody order if it "determines that neither the child,…