Matter of Marriage of Ortiz

This is a custody modification proceeding. ORS 107.135(1)(a). The issue is whether a stipulated visitation order is a custody order for the purpose of the change of circumstances rule. Henrickson v. Henrickson, 225 Or 398, 358 P2d 507 (1961). The Court of Appeals held that it is not. Ortiz and Ortiz, 101 Or App 362, 790 P2d 555 (1990). We agree and affirm.

In 1983, a stipulated dissolution judgment was entered, awarding custody of the parties’ children to mother, subject to father’s reasonable visitation. In 1984, the judgment was amended, again by stipulation, changing custody of the children…