Crane v. Crane

This is a proceeding to modify a divorce decree by transferring the custody of three children aged 9, 10 and 11 from the defendant-mother to the plaintiff-father. The trial court denied plaintiff’s motion and he appeals. ① The issue is whether the mother’s voluntarily leaving the children with their father for 14 months constitutes a substantial change in the circumstances of the parties so as to warrant a change in custody pursuant to ORS 107.135 (1) (a). ②

In October of 1968 the parties were divorced, custody of the children being granted to the mother. Since the divorce both the father and…