Restraining orders and custody

In accordance with¬† ORS 107.137 there is a rebuttable presumption that if one parent committed abuse against the other, then it is not in the child’s best interests to award that parent custody. However in Weismandel-Sullivan and Sullivan, 228 Or App 41 (2009) the Court of Appeals reversed the trial court for entering such a finding when Father who had been accused by Mother of having abused her in her petition seeking a restraining order (FAPA),¬† requested a hearing and Mother vacated the order before he had a chance for a contested hearing on the matter.

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