STATE EX REL JOHNSON v. BAIL

CC F542; CA A83626; SC S43406.

938 P.2d 209 (1997)

325 Or. 392

STATE of Oregon, DEPARTMENT OF HUMAN RESOURCES, ex rel Pam JOHNSON, Respondent on Review, v. Jason BAIL, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided June 12, 1997.


Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause and filed the petition for petitioner on review.

Gordon L. Dick, Salem, argued the cause and filed the brief for respondent on review.


GRABER, Justice.

We are called on to decide what role, if any, a parent's illegal act of custodial interference plays in a court's decision with respect to that parent's motion to modify child custody. We hold: (1) If circumstances relating to the capability of one or both parents to care for their child have changed since the previous custody arrangement, then the requirement that there be a change in circumstances before a court will consider modifying custody is...

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