Oregon Revised Statutes Chapter 109 § 109.761 — Inconvenient forum
Oregon Revised Statutes Chapter 109 ·
Oregon Code § 109.761·Enacted ·Last updated March 01, 2026
Statute Text
Inconvenient forum.
(1) A court of this state that has jurisdiction under ORS 109.701 to 109.834 to
make a child custody determination may decline to exercise its jurisdiction at
any time if the court determines that it is an inconvenient forum under the
circumstances and that a court of another state is a more appropriate forum.
The issue of inconvenient forum may be raised upon the motion of a party, the
courts own motion or the request of another court.
(2) Before
determining whether a court of this state is an inconvenient forum, the court
shall consider whether it is appropriate for a court of another state to
exercise jurisdiction. For this purpose, the court shall allow the parties to
submit information and shall consider all relevant factors, including:
(a) Whether
domestic violence has occurred and is likely to continue in the future and
which state could best protect the parties and the child;
(b) The length of
time the child has resided outside this state;
(c) The distance
between the court in this state and the court in the state that would assume
jurisdiction;
(d) The relative
financial circumstances of the parties;
(e) Any agreement
of the parties as to which state should assume jurisdiction;
(f) The nature
and location of the evidence required to resolve the pending litigation,
including testimony of the child;
(g) The ability
of the court of each state to decide the issue expeditiously and the procedures
necessary to present the evidence; and
(h) The
familiarity of the court of each state with the facts and issues in the pending
litigation.
(3) If a court of
this state determines that it is an inconvenient forum and that a court of
another state is a more appropriate forum, it shall stay the proceedings upon
condition that a child custody proceeding be promptly commenced in another
designated state and may impose any other condition the court considers just
and proper.
(4) A court of
this state may decline to exercise its jurisdiction under ORS 109.701 to
Plain English Explanation
This Oregon statute addresses Inconvenient forum. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.761
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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