Court of Appeals of Oregon, 1986

In re the Marriage of Cross

Court of Appeals of Oregon · Decided April 2, 1986 · Gillette, Hoomissen, Joseph, Tempore

78 Or. App. 315; 715 P.2d 1129

Opinion of the Court

PER CURIAM

On de novo review, we determine that the best interests of the children dictate that they be placed in permanent custody of the father. The trial court’s decree is modified accordingly. The matter is remanded for determination of visitation and support, if any.

Decree modified; custody of children awarded to father; remanded for further proceedings. Costs to appellant.

Dissenting Opinion

VAN HOOMISSEN, J.,

dissenting.

Giving proper deference to the trial judge’s opportunity to see and hear the witnesses,1 on de novo review I would affirm his ruling. Therefore, I respectfully dissent.

See Meier and Meier, 286 Or 437, 445-46, 595 P2d 474 (1979); Settle and Settle, 276 Or 759, 772, 556 P2d 962 (1976); Bennehoff and Bennehoff, 209 Or 224, 225, 304 P2d 1079 (1956); McFadden v. McFadden, 206 Or 253, 257, 292 P2d 795 (1956); Rea v. Rea, 195 Or 252, 261, 245 P2d 884 (1952); Moe and Moe, 66 Or App 947, 949, 676 P2d 336 (1984); Elgin and Elgin, 58 Or App 94, 98, 647 P2d 941 (1982); Browne and Browne, 30 Or App 213, 215, 566 P2d 555 (1977); Starin and Starin, 29 Or App 557, 559, 564 P2d 748 (1977); McCoy and McCoy, 28 Or App 919, 923-24, 562 P2d 207, modified on other grounds 29 Or App 287, 563 P2d 738 (1977).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.