As amended through June 11, 2024
Rule 8.102 - FAMILY EDUCATION PROGRAM(1) The following cases (specifically excluding support enforcement matters) are subject to this rule, when children under the age of 17 are involved in the action: (a) Annulment or dissolution of marriage actions;(b) Legal separation actions;(c) Petitions to establish custody or parenting time;(d) Post-judgment litigation involving custody or parenting time; and(2) All parties shall participate in a program of education for parents or guardians of minor children offered by the court-designated providers except as otherwise authorized by this SLR.(3) At the time of filing, the Trial Court Administrator will provide two sets of documents and instructions to the petitioner regarding the requirement that the parties complete the education program or alternative education program. The copy marked "Copy for Respondent" shall be included with the petition served upon respondent. The petitioner's return of service shall indicate that the respondent was served a copy of the notice at the same time as the summons and petition or other pleading requiring relief.(4) Each party shall pay a fee determined by the program provider to cover program costs.(5) Each person who successfully completes the court's program or the preapproved alternative program shall file a certificate of completion with the court before trial or entry of judgment.(6) Upon showing of good cause, a party may request an alternative family law education program. The request shall be by motion with a supporting affidavit or declaration. The motion may be submitted ex parte. The judge may require service on the other party prior to ruling on the motion and may require a contested hearing. A judge may waive the requirement of a written motion and affidavit or declaration.(7) A Family Law Education program is not required if the parties' only minor child is age seventeen or parties have attended a court-approved family law education program within five years of the filing of a pleading initiating proceedings related to child custody or parenting time.(8) Upon a showing of good cause, the court may waive the requirement of a family law education program for one or both parties. Good cause may include but is not limited to the following situations: a party is incarcerated, a party has not seen the children for a protracted period of time, a party presents physical or substantial emotional danger if the party exercised parenting time, and parties appear for a trial without having completed a family law education program.(9) If the court enters a judgment, the court may order that a party who has not participated in a family law education program shall participate in such a program before requesting the court to address non-emergency matters relating to custody or parenting time.(10) The court shall not order a custody and parenting time evaluation under ORS 107.425 unless the parties are in compliance with the requirements to participate in family law education or have had this requirement waived by the court for good cause shown.Amended effective 2/1/2024.