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HARRINGTON v. DAUM

(97-3456; CA A108204)

18 P.3d 456 (2001)

172 Or. App. 188

In the Matter of Visitation with Nicholas L.K. Daum, and Alexander N.G. Daum, Minors. Bruce HARRINGTON, Respondent, v. Randi DAUM, Appellant.

Court of Appeals of Oregon.

Decided January 31, 2001.

Attorney(s) appearing for the Case

Mark Kramer, Portland, argued the cause for appellant. With him on the brief were Rebecca A. Burwell, and Kramer & Associates.

John P. Salisbury, Clatskanie, argued the cause for respondent. With him on the brief was Salisbury & Olsen.

Michael C. Livingston, Assistant Attorney General, Salem, filed a brief amicus curiae for the Attorney General of the State of Oregon.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Randi Daum (father) appeals from a judgment that awarded Bruce Harrington (petitioner) visitation rights with father's two sons, who were 7 and 8 years old at the time of trial. ORS 109.119. Father argues that the statute, construed in light of his constitutional right to make decisions concerning his children, does not permit the trial court to award visitation to petitioner over father's objection under the facts of this case. On de novo review...

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