In Re the Marriage of Holm

This case involves an interpretation of the attorney-fees provision in ORS 107.105(5). The question is whether a parent (mother), who was awarded custody of a minor child in a dissolution proceeding, may recover attorney fees on appeal from the child’s grandfather, who intervened in the proceeding pursuant to ORS 109.121(1)(b) for the purpose of obtaining grandparent visitation. The Court of Appeals denied mother’s petition for attorney fees. Holm and Holm, 134 Or App 513, 895 P2d 803 (1995). For the reasons explained below, we reverse.

The facts are not in dispute. The child’s parents were…