Weaver and Weaver ( 2023 )


Menu:
  •                                  566
    This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
    except as provided in ORAP 10.30(1).
    Submitted January 6, affirmed March 8, 2023
    In the Matter of the Marriage of
    Heather Saigo WEAVER,
    Petitioner-Respondent,
    and
    Todd Andrew WEAVER,
    Respondent-Appellant.
    Jackson County Circuit Court
    21DR14358; A179254
    Timothy C. Gerking, Judge.
    Todd A. Weaver filed the briefs pro se.
    No appearance for respondent.
    Before Tookey, Presiding Judge, and Egan, Judge, and
    Kamins, Judge.
    KAMINS, J.
    Affirmed.
    Nonprecedential Memo Op: 
    324 Or App 566
     (2023)            567
    KAMINS, J.
    Father appeals from an order and supplemental
    judgment in a proceeding arising under the Uniform Child
    Custody Jurisdiction and Enforcement Act (UCCJEA). He
    raises one assignment of error, arguing that the trial court
    erred when it granted mother’s motion to compel production
    and awarded attorney fees, because the court lacked per-
    sonal jurisdiction over him.
    The UCCJEA specifically provides that “personal
    jurisdiction over[ ] a party or a child is not necessary or
    sufficient to make a child custody determination.” ORS
    109.741(3); see also Dept. of Human Services v. M. H., 
    256 Or App 306
    , 323, 300 P3d 1262, rev den, 
    354 Or 61
     (2013)
    (“Under ORS 109.741(3), then, personal jurisdiction over a
    child is not required for a court to have jurisdiction over a
    matter concerning the custody of the child[.]”).
    Father does not delineate the impact of that statute
    on his jurisdictional arguments, and he did not designate
    any of the portions of the transcript where the court may
    have considered those issues as part of our record on appeal.
    Thus, we cannot determine the basis of the trial court’s deci-
    sion, or whether evidence was taken regarding father’s argu-
    ments relating to his contacts with Oregon. “An appellant
    bears the burden of providing a record sufficient to demon-
    strate that error occurred.” Ferguson v. Nelson, 
    216 Or App 541
    , 549, 174 P3d 620 (2007). If the record is insufficient, we
    may decline to review the issue. ORS 19.365(5). Because the
    transcript is necessary to evaluate father’s assignment of
    error and one has not been provided, we conclude that the
    issues raised in father’s appeal are unreviewable.
    Affirmed.
    

Document Info

Docket Number: A179254

Judges: Kamins

Filed Date: 3/8/2023

Precedential Status: Non-Precedential

Modified Date: 10/10/2024