In Oregon, under which provision can a parenting plan be modified?

Full question:

My marriage had been dissolved in 2012. I was awarded legal custody of my 5-year-old daughter and her father was awarded parenting time. The parenting plan detailed in the judgment provided that father was to have parenting time with daughter every weekend from Friday evening to Sunday evening, three hours every Wednesday evening, and additional time during various holidays and vacation periods. Now I want to relocate to my home town with my daughter. What provision is available in Oregon to modify the present parenting plan?

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Oregon

Answer:

In Oregon, parenting   plan modifications are based solely on the best interests of the child and require no showing of a substantial change of circumstances.  In any proceeding to modify a judgment providing for parenting time, a general or detailed parenting plan must be developed and filed with the court. A "detailed" parenting plan may include, among other things, provisions relating to residential schedules; holiday, birthday, and vacation schedules; and "relocation of parents." A custodial parent does not have the authority unilaterally to relocate with a child more than 60 miles away from the noncustodial parent. These provisions are included in ORS § 107.102, which has been provided below:  
 

“(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 to 107.735, there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.
(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.
(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:
     (a) Residential schedule;
     (b) Holiday, birthday and vacation planning;
     (c) Weekends, including holidays, and school in-service days preceding or following weekends;
     (d) Decision-making and responsibility;
     (e) Information sharing and access;
     (f) Relocation of parents;
     (g) Telephone access;
     (h) Transportation; and
     (i) Methods for resolving disputes.
(4) (a) The court shall develop a detailed parenting plan when:
     (A) So requested by either parent; or
     (B) The parent or parents are unable to develop a parenting plan.
         (b) In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties.”