Brincat & New, PC
Case law summaries and practical insights on Oregon family law from our attorneys.
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 and apply the appropriate statutory preference.
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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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