Mackey v. Mackey
Decision Date | 21 April 1972 |
Citation | 9 Or.App. 113,94 Adv.Sh. 1256,496 P.2d 21 |
Parties | Linda MACKEY, whose present name is Linda Mackey Lindley, Respondent, v. John C. MACKEY, Appellant. |
Court | Oregon Court of Appeals |
Robert G. Ringo, Corvallis, argued the cause for appellant. On the briefs were Ringo, Walton, McClain & Eves, Corvallis.
Dale W. Pierson, Salem, argued the cause for respondent. With him on the brief were Goodenough, Evans & Pierson, Salem.
Before SCHWAB, C.J., and FOLEY and FORT, JJ.
This appeal is from an order changing the custody of two children from their father to their mother. Plaintiff-mother was originally granted custody of the two children through a default decree of divorce on December 14, 1966. Subsequently, defendant-father filed a motion for change of custody to him. An order allowing this motion was granted on May 7, 1968, and affirmed on appeal by us. Mackey v. Mackey, 1 Or.App. 177, 460 P.2d 371 (1969).
During the next three years the mother exercised her right of visitation whenever possible. On July 1, 1971, the children were taken by their mother for what was intended to be a visitation of a period not to exceed four weeks. While the children were on this visitation, their mother sought to regain custody by filing a motion for modification of the May 7, 1968, order, and a request for extension of her visitation privileges. The visitation was extended pending a hearing on her motion for modification which was then held on August 30, 1971. Following extensive testimony, the trial judge returned custody of the two children to their mother, stating:
The trial judge's preference contradicted the guidelines of ORS 107.100(1)(a) which stated in part:
'(1) * * *
1
Custody of the children, once determined, should not be changed in the absence of a justified substantial change of circumstances. Bogh v. Lumbattis, 203 Or. 298, 280 P.2d 398 (1955). Our review of the record convinces us that the trial judge was correct in concluding that the father had provided 'an...
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...280 P.2d 398 (1955); Mace v. Mace, 9 Or.App. 435, 438, 497 P.2d 677 (1972). Further, this change must be quite Real. Mackey v. Mackey, 9 Or.App. 113, 115, 496 P.2d 21 (1972); McCutchan v. McCutchan, 5 Or.App. 96, 98, 483 P.2d 93 In child custody proceedings this court reviews de novo; howev......
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