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MATTER OF MARRIAGE OF ORTIZ

TC 82-2357; CA A60104; SC S37187.

801 P.2d 767 (1990)

310 Or. 644

In the matter of the Marriage of Michael Ernest ORTIZ, Petitioner On Review, AND Lynda Elaine Ortiz, Formerly Lynda Elaine Price, Nka Lynda Elaine Richkind, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Melvin T. Rollema, Albany, argued the cause and filed the petition for petitioner on review.

Larry W. Stuber, Salem, argued the cause for respondent on review. With him on the response was Steven M. Richkind, Salem.

VAN HOOMISSEN, Justice.

This is a custody modification proceeding. ORS 107.135(1)(a). The issue is whether a stipulated visitation order is a custody order for the purpose of the change of circumstances rule. Henrickson v. Henrickson, 225 Or. 398, 358 P.2d 507 (1961).1 The Court of Appeals held that it is not. Ortiz and...

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