Opinion
No. 38267, CA 7923
Submitted on record and briefs September 15, affirmed October 4, 1977
Appeal from Circuit Court, Douglas County.
Don H. Sanders, Judge.
Randolph Slocum and Slocum and Poole, Roseburg, filed the brief for appellant.
James A. Redden, Attorney General, W. Michael Gillette, Solicitor General, and Kevin Mannix, Assistant Attorney General, filed the brief for respondent.
Before Schwab, Chief Judge, and Richardson and Joseph, Judges.
Affirmed; costs to respondent.
In 1967 an Arizona court granted custody of the parties' four children to their father. Later, two of the children left his home in Oregon without his consent and went to live with their mother in California. In 1972 a proceeding under the Uniform Reciprocal Enforcement of Support Act (ORS ch 110) resulted in a stipulated order requiring defendant to pay child support for those children. In 1976 defendant moved to set aside that order on the ground that the court "was without jurisdiction of the subject matter of the proceeding" in 1972. Defendant appeals from a denial of that motion.
Under the relevant statutory provisions, the circuit court had jurisdiction to hear the subject matter of the 1972 proceeding. Defendant's reliance on Haight v. Haight, 241 Or. 532, 405 P.2d 622 (1965), is inappropriate. That case does relate to whether defendant had a duty of support in the circumstances, but it has nothing to do with jurisdiction.
ORS 110.021, 110.091, 110.131 and 110.171.
Affirmed; costs to respondent.