October 20, 2010

New Case Law – Usupervised Visitation

On October 13, 2010, the court of appeals issued an opinion in Long and LeDuc (http://www.publications.ojd.state.or.us/A142477.htm).  Mother appealed the trial court’s ruling that father could have unsupervised time with his son.  The court of appeals held that the record supported the trial court’s finding that there is no evidence that father presents a danger to his son.  The court noted in a footnote that “ORS 107.102 does not specify factors that guide the “best interests” determination with respect to a parenting plan.  Although ORS 107.137(1) addresses factors that are relevant to determining best interests with respect to custody, they are also material in determining whether parenting time should be supervised.”  In order to require that a parent have only supervised time with a child the other parent needs to prove that there is a clear danger to the child.