Grubs v. Ros

630 P.2d 353 (Or. In Banc 1981)

Facts

W and H were married four months after their child was born in Montana. They separated the following year, and H abducted the child and moved to Oregon. W was granted a divorce by default in Montana and was awarded custody of the child. W initiated criminal charges against H for custodial interference. H was arrested in Oregon, and W petitioned an Oregon circuit court for enforcement of the Montana decree. H requested that custody be awarded to him. The court concluded that Oregon has jurisdiction and that an Oregon court should exercise its jurisdiction and hold a custody hearing. The court denied W's petition for enforcement of the Montana decree. The court awarded custody of the child to H. The Court of Appeals affirmed.