In re Schwartz

Court of Appeals of Oregon

In re Schwartz

794 P.2d 830, 102 Or. App. 514, 1990 Ore. App. LEXIS 636

CourtCourt of Appeals of Oregon

DecidedJuly 18, 1990

Docket78-8195; CA A61693

StatusPublished

This text of 794 P.2d 830 (In re Schwartz) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Schwartz, 794 P.2d 830, 102 Or. App. 514, 1990 Ore. App. LEXIS 636 (Or. Ct. App. 1990).

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Opinion

PER CURIAM

Father appeals an order dismissing his motion to modify a child custody determination. He raises numerous challenges to the order, none of which warrant discussion.

He also contends that the court erred in awarding mother $500 attorney fees. Although the court did not explain the award or cite any particular authority, mother had sought attorney fees under ORS 107.135(6), which authorizes the court to award attorney fees in a modification proceeding, “[i]f a party is found to have acted in bad faith.” The court made no findings to support an award under that provision, and the record does not disclose a factual basis for the award.

Award of attorney fees vacated; remanded for findings of fact and entry of appropriate order; otherwise affirmed. No costs to either party.

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PER CURIAM

Father appeals an order dismissing his motion to modify a child custody determination. He raises numerous challenges to the order, none of which warrant discussion.

He also contends that the court erred in awarding mother $500 attorney fees. Although the court did not explain the award or cite any particular authority, mother had sought attorney fees under ORS 107.135(6), which authorizes the court to award attorney fees in a modification proceeding, “[i]f a party is found to have acted in bad faith.” The court made no findings to support an award under that provision, and the record does not disclose a factual basis for the award.

Award of attorney fees vacated; remanded for findings of fact and entry of appropriate order; otherwise affirmed. No costs to either party.

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Bluebook (online)

794 P.2d 830, 102 Or. App. 514, 1990 Ore. App. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schwartz-orctapp-1990.

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