Brincat & New, PC
Case law summaries and practical insights on Oregon family law from our attorneys.
In Petty and Petty, 347 Or App 159 (2026), the Oregon Court of Appeals held that a parent's repeated violations of a status quo order – without evidence of actual harm to the children – does not meet the "immediate danger" standard required for an emergency temporary custody order under ORS 107.139.
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Oregon law separates legal custody from parenting time, and joint custody is only available when both parents agree. Learn how courts apply the ORS 107.137 best-interests factors – and what that means for your case.
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The Oregon Court of Appeals overruled prior precedent in K.E.B. v. Bradley, 327 Or App 39 (2023), holding that "imminent danger of further abuse" is not required to renew a FAPA restraining order.
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If you're facing a divorce or custody matter in Bend, here's what you need to know about Deschutes County Circuit Court, local practice considerations, how rural property and remote work affect your case, and how Brincat & New serves clients across Central Oregon.
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The Oregon Court of Appeals reversed a custody modification in Estens v. Wells, 349 Or App 114 (2026), holding that "gaslighting" does not constitute legal abuse under ORS 107.137(1)(d), and reaffirming that trial courts must designate a primary caregiver.
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The Oregon Court of Appeals issued an opinion regarding the findings necessary to uphold a temporary restraining order. In TK v. Stutzman, the Court reviewed the validity of a restraining order issued under FAPA and held that a petitioner's subjective fear, without more, is insufficient to sustain such an order.
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The Oregon Court of Appeals reviewed the enforceability of a prenuptial agreement in Porter and Porter, 281 Or App 169 (2016), examining the factors courts consider when a party seeks to void a premarital agreement.
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In Handley and Handley, 282 Or App 255 (2016), the Court of Appeals addressed when a child's voluntary change of residence constitutes a "substantial change of circumstances" warranting modification of a child support order.
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