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Family

Highlight of Important Family Law 2023 SLRs

Effective February 1, 2023 

  • 8.012 Settlement Conferences – SLR Form 8.012 will be required anytime a party is requesting a settlement conferences.  Those parties requesting a settlement conference without Form 8.012 will be redirected to file Form 8.012 prior to the scheduling of the requested settlement conference.
  • 8.015(2) Resets – Resets in cases involving statutorily mandated timeframes are required to contain an explicit waiver by the party entitled to the hearing within the statutorily mandated timeframe. 
  • 8.042(22) DELETED – The 2022 version of the rule prohibited crossclaims and counterclaims in family law pendente lite or post judgment motions.
  • 8.055(3) Motions to Modify – The rule allows the court to reject motions for modification that are not simultaneously filed with a motion and/or waiver of mediation.
  • Chapter 14 Reference Judges – Clarifies that a circuit court judge is not required to sign a judgment that has already been signed by a reference judge, however, the circuit court judge is required to authorize the entry of judgment.  Requires counsel to submit a proposed order for entry of judgment simultaneously with the judgment signed by the reference judge. 

Petitions for Adoption are filed with the domestic relations clerk. Adoption inquiries may be directed to the clerk's office. The court does not have forms available for adoptions. You should speak with an attorney for assistance.

UTCR 21.070(5) Expedited Filings

A filer who submits an expedited filing through the eFiling system:

(a) Must include the words "EXPEDITED CONSIDERATION REQUESTED" in the Filing Comments field when submitting the filing; and

(b) May notify the court by email or telephone, as designated on the court’s judicial district website, that an expedited filing has been eFiled in the case.

If you have questions about a specific filing or a local File and Serve business process you may contact the court directly at one of the numbers below:

The laws about parenting time and custody apply to both married and unmarried parents. Unmarried parents can ask the court for legal custody, parenting time or child support. Paternity must be established before you can file.

Custody and Parenting Time (Visitation)

Court-ordered child custody determines who has the legal responsibility to care for and make decisions about a child. There are different types of custody arrangements. Sole custody is when one parent has sole authority to make all decisions regarding the child's upbringing. A parent with sole custody is free to consult with the other parent regarding those decisions, but the final say regarding such decisions rests with the custodial parent. Joint custody is when both parents share the responsibility and have authority to make decisions regarding the child's upbringing. Joint custody does not necessarily mean that the child lives with each parent an equal amount of time.

Parenting Time (Visitation) is the time the non-custodial parent spends with a child. Parenting plans must set forth a minimum amount of parenting time for the parent who does not have custody. Parenting time can be restricted or denied by a judge if the parenting time would place the child in danger, or if the judge decides that restriction or denial is in the child's best interest. Mediation will be ordered by a judge if the parents can't agree on custody and parenting time. If parents cannot come to an agreement in mediation on custody and parenting time, a judge will hear both sides and decide what is best for the child.

Parenting Classes

If you are a parent of a child under 17, and you are a party in a Washington County family law case, you are required to participate in a program of education called "Kids' Turn." You must register for the class by calling 503.846.0665 or going to the Kids' Turn website. Generally you will not be allowed to finalize your case until you have completed the class and a certificate of completion has been filed with the court.

Child Support

Child Support is money regularly paid by a parent to help support a child. The court can order child support to be paid until a child is 18, and in some instances, until a child turns 21. Child support can be ordered as part of a divorce, a separation or a custody and parenting time case. Oregon has guidelines for calculation of support. The guidelines consider many factors, including but not limited to, income of the parents, cost of childcare, and number of children. You may request assistance from the Division of Child Support by calling 800.850.0228, or visiting the web site or from the Family Law Assistance Program.​​

Legal separation is an order from the court that can decide issues of property, debt, custody, parenting time, and support even though the parties are still legally married.

Child and Spousal Support

Child Support is money regularly paid by a parent to help support a child. The court can order child support to be paid until a child is 18, and in some instances, until a child turns 21. Child support can be ordered as part of a separation. Oregon has guidelines for calculation of support. The guidelines consider many factors, including but not limited to, income of the parents, cost of childcare, and number of children. You may request assistance from the Division of Child Support by calling 800.850.0228, or visiting their web site or from the Family Law Assistance Program.

Spousal Support is money paid by one spouse to support the other. The money can be paid in installments or all at once. Spousal support can be ordered as part of a legal separation case. There are three different types of spousal support, and more than one type can be ordered in a case. Transitional support helps a spouse get an education or training to re-enter or advance in the workforce. Compensatory support reimburses a spouse for contributions to the education, career or earning capacity of the other spouse. Spousal maintenance maintains a similar standard of living to that of the marriage. The Oregon Child Support Program (800.850.0228) may help you collect spousal support if you already have an order and child support is also being collected.

Custody and Parenting Time (Visitation)

Court-ordered child custody determines who has the legal responsibility to care for and make decisions about a child. Custody can be decided in a legal separation. There are different types of custody arrangements. Sole custody is when one parent has sole authority to make all decisions regarding the child's upbringing. A parent with sole custody is free to consult with the other parent regarding those decisions, but the final say regarding such decisions rests with the custodial parent. Joint custody is when both parents share the responsibility and have authority to make decisions regarding the child's upbringing. Joint custody does not necessarily mean that the child lives with each parent an equal amount of time.

Parenting Time (Visitation) is the time the non-custodial parent spends with a child. Parenting plans must set forth a minimum amount of parenting time for the parent who does not have custody. Parenting time can be restricted or denied by a judge if the parenting time would place the child in danger, or if the judge decides that restriction or denial is in the child's best interest. Mediation will be ordered by a judge if the parents can't agree on custody and parenting time. If parents cannot come to an agreement in mediation on custody and parenting time, a judge will hear both sides and decide what is best for the child.

Legal Separation With Children

A judgment of separation keeps intact a valid marriage but allows the parties to live apart, and may divide the parties' property, determine who owes debts, establish a parenting plan if there are children, and determine spousal and child support.

Legal Separation Without Children

A judgment of separation keeps intact a valid marriage but allows the parties to live apart, and may divide that parties' property, determine who owes debts, and determine spousal and child support.

Dissolution of Marriage (Divorce) is a way to legally end a marriage. In Oregon the only reason you need to qualify for a divorce is that you and your spouse cannot get along. The law calls this "irreconcilable differences."

Parenting Classes

If you are a parent of a child under 17, and you are a party in a Washington County family law case, you are required to participate in a program of education called "Kids' Turn." You must register for the class by calling 503.846.0665 or going to the Kids' Turn website. Generally you will not be allowed to finalize your divorce until you have completed the class and a certificate of completion has been filed with the court.

Child and Spousal Support

Child Support is money regularly paid by a parent to help support a child. The court can order child support to be paid until a child is 18 and, in some instances, until a child turns 21. Child support can be ordered as part of a divorce case. Oregon has guidelines for calculation of support. The guidelines consider many factors, including but not limited to, income of the parents, cost of childcare, and number of children. You may request assistance from the Division of Child Support by calling 800.850.0228, or visiting their website or from the Family Law Assistance Program.

Spousal Support is money paid by one spouse to support the other. The money can be paid in installments or all at once. Spousal support can be ordered as part of a divorce. There are three different types of spousal support, and more than one type can be ordered in a case. Transitional support helps a spouse get an education or training to re-enter or advance in the workforce. Compensatory support reimburses a spouse for contributions to the education, career or earning capacity of the other spouse. Spousal maintenance maintains a similar standard of living to that of the marriage. The Oregon Child Support Program (800.850.0228) may help you collect spousal support if you already have an order and child support is also being collected.

Custody and Parenting Time (Visitation)

Court-ordered child custody determines who has the legal responsibility to care for and make decisions about a child. Custody can be decided in a divorce. There are different types of custody arrangements. Sole custody is when one parent has sole authority to make all decisions regarding the child's upbringing. A parent with sole custody is free to consult with the other parent regarding those decisions, but the final say regarding such decisions rests with the custodial parent. Joint custody is when both parents share the responsibility and have authority to make decisions regarding the child's upbringing. Joint custody does not necessarily mean that the child lives with each parent an equal amount of time.

Parenting time (visitation) is the time the non-custodial parent spends with a child. Parenting plans must set forth a minimum amount of parenting time for the parent who does not have custody. Parenting time can be restricted or denied by a judge if the parenting time would place the child in danger, or if the judge decides that restriction or denial is in the child's best interest. Mediation will be ordered by a judge if the parents can't agree on custody and parenting time. If parents cannot come to an agreement in mediation on custody and parenting time, a judge will hear both sides and decide what is best for the child.​

 


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