Bill Text: OR HB3162 | 2011 | Regular Session | Enrolled
Bill Title: Relating to family law proceedings involving deployed parents in military service.
Spectrum: Committee Bill
Status: (Passed) 2011-05-16 - Chapter 64, (2011 Laws): Effective date January 1, 2012. [HB3162 Detail]
Download: Oregon-2011-HB3162-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3162
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to family law proceedings involving deployed parents in
military service.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS 107.093 to 107.425. + }
SECTION 2. { + (1) As used in this section and section 3 of
this 2011 Act:
(a) 'Deployed parent' means a parent of a minor child whose
parental rights have not been terminated who is deployed with the
Armed Forces of the United States, National Guard or other
reserve component.
(b) 'Deployment' or 'deployed':
(A) Means military service in compliance with written orders
received by an active duty or reserve member of the Armed Forces
of the United States, National Guard or other reserve component
to report for combat operations, contingency operations,
peacekeeping operations, temporary duty, a remote tour of duty or
other active military service;
(B) Includes the period of time from which the deployed parent
receives and is subject to written orders to deploy to the actual
date of deployment; and
(C) Includes any period of time in which the deployed parent is
awaiting travel to or from a deployment destination or remains
deployed because of sickness, wounds, leave or other lawful
cause.
(2) Notwithstanding ORS 107.135 and except as provided in
subsection (3) of this section, a court may not set aside, alter
or modify any portion of a judgment of annulment, separation or
dissolution of marriage that provides for the custody, parenting
time, visitation, support and welfare of a minor child of a
deployed parent until 90 days after the completion of the
deployed parent's deployment unless a motion to set aside, alter
or modify was filed with, heard by and decided by the court
before the commencement of the deployed parent's deployment.
(3)(a) Notwithstanding ORS 107.138 and 107.139, a court may
enter a temporary order modifying the terms of a preexisting
judgment of annulment, separation or dissolution of marriage that
provides for the custody, parenting time, visitation, support and
welfare of a minor child of a deployed parent to reasonably
accommodate the circumstances of the deployed parent's deployment
in the best interests of the child, upon motion filed by either
party and after service of notice on the other party in the
Enrolled House Bill 3162 (HB 3162-A) Page 1
manner provided by ORCP 7, and after notice to the Administrator
of the Division of Child Support of the Department of Justice or
the branch office providing support services when required by
subsection (4) of this section. The nondeployed parent bears the
burden of proof that the provisions of a temporary order made
under this subsection are not in the best interests of the child.
(b) A temporary order entered under this subsection must
include the following provisions:
(A) Parenting time for the deployed parent during periods of
approved leave in the best interests of the child;
(B) Parenting time for the deployed parent during periods of
deployment in the best interests of the child including but not
limited to contact by telephone, electronic mail and other
electronic means such as video and visual imaging;
(C) Modification of the child support provisions of the
preexisting judgment to reflect the changed circumstances of the
parents and the child during the period of deployment;
(D) A requirement that the nondeployed parent provide the court
and the deployed parent with written notice 30 days prior to a
change of address or telephone number during the period of
deployment;
(E) That the temporary order entered under this subsection
terminates by operation of law upon completion of deployment and
that the provisions of the preexisting judgment that have been
modified by the temporary order are automatically reinstated
unless a request is made and granted under subsection (5) of this
section;
(F) That all other provisions of the preexisting judgment not
modified by the temporary order remain in effect; and
(G) That deployment is considered completed for purposes of
reinstating the provisions of the preexisting judgment that have
been modified by the temporary order 10 days after the date on
which the deployed parent serves the nondeployed parent and
provides to the court and to the Administrator of the Division of
Child Support of the Department of Justice or the branch office
providing support services to the county in which the motion is
filed copies of written orders or other official notification
that the deployed parent is no longer deployed or in active
military service.
(4) A true copy of a motion under subsection (3) of this
section shall be served by the moving party by mail or personal
delivery on the Administrator of the Division of Child Support of
the Department of Justice or on the branch office providing
support services to the county in which the motion is filed.
(5) Prior to reinstatement of the provisions of a preexisting
judgment, a parent may request ex parte a temporary order
alleging that the child will be irreparably harmed or placed in
immediate danger if the provisions of the preexisting judgment
are automatically reinstated upon completion of deployment.
(6) When a court has entered a temporary order under subsection
(3) of this section, the absence of a child from this state
during a deployed parent's deployment is considered a temporary
absence for purposes of the Uniform Child Custody Jurisdiction
and Enforcement Act and this state shall retain exclusive
continuing jurisdiction in accordance with ORS 109.701 to
109.834.
(7) The court may award attorney fees and costs reasonably
incurred in a proceeding under this section if the court finds
that a party caused unreasonable delays, failed to provide
information as required by this section or acted to unreasonably
Enrolled House Bill 3162 (HB 3162-A) Page 2
interfere with or frustrate contact between a deployed parent and
a minor child. + }
SECTION 3. { + (1) Upon motion filed by a deployed parent or a
parent whose deployment is imminent, the court shall hold an
expedited hearing in:
(a) Any proceeding in a suit for marital annulment, dissolution
or separation where a deployed parent or a parent whose
deployment is imminent is a party;
(b) In any proceeding under ORS 107.135, 107.138 and 107.139
where a deployed parent or a parent whose deployment is imminent
is a party; and
(c) A proceeding under section 2 (3) of this 2011 Act.
(2) In any proceeding listed under subsection (1) of this
section, whether or not a motion to expedite a hearing has been
filed, the court shall make reasonable accommodations to allow a
deployed parent, or a parent whose deployment is imminent, to
provide video, electronic or Internet testimony if the proceeding
involves the custody, parenting time, visitation, support and
welfare of the parent's child and where the deployed parent or
the parent whose deployment is imminent cannot personally
appear. + }
SECTION 4. { + Sections 1 to 3 of this 2011 Act apply to
proceedings involving a deployed parent or a parent whose
deployment is imminent occurring on or after the effective date
of this 2011 Act. + }
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Passed by House March 31, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 5, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3162 (HB 3162-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3162 (HB 3162-A) Page 4
