Narrative Opinion Summary
In a domestic relations case, the court was tasked with determining the eligibility for attorney fees under Oregon Revised Statutes (ORS) 107.105. The wife sought attorney fees against the grandfather, who had intervened in the dissolution proceedings to secure grandparent visitation rights. While the trial court initially favored the grandfather, this decision was overturned on appeal. The wife then pursued attorney fees incurred during both the trial and appeal, invoking ORS 107.105(1)(i) and (5). However, the court interpreted the statute as limiting fee awards to disputes directly between the husband and wife, excluding third-party claims. The court emphasized that the statutory language explicitly refers to 'one party' and 'the other party' as the husband and wife, thereby excluding grandparents from being considered parties for the purpose of awarding attorney fees. This interpretation was supported by legislative distinctions made in other statutory provisions, such as ORS 107.105(1)(b) and ORS 109.121, which explicitly mention grandparents. Consequently, the court denied the wife's petition for attorney fees against the grandfather, concluding there was no statutory basis for such an award in this context.
Legal Issues Addressed
Attorney Fees under ORS 107.105(1)(i) and (5)subscribe to see similar legal issues
Application: The statutory provisions for awarding attorney fees apply exclusively to disputes between the husband and wife, precluding claims against grandparents.
Reasoning: ORS 107.105(1)(i) specifies judgments can be made against one party in favor of the other, reinforcing that the only relevant parties are the husband and wife.
Interpretation of 'Party' in ORS 107.105subscribe to see similar legal issues
Application: The court interprets 'party' within ORS 107.105 to mean only the husband and wife, excluding third parties such as grandparents from being liable for attorney fees.
Reasoning: The court concurs, interpreting the statutes to mean that only the husband and wife are considered 'parties' eligible for attorney fee awards in domestic relations cases.
Legislative Intent and Grandparent Rightssubscribe to see similar legal issues
Application: The legislature's explicit differentiation of grandparents in other statutory provisions demonstrates an intention to exclude them from attorney fee awards in domestic relations under ORS 107.105.
Reasoning: The legislature explicitly differentiates grandparents by using the term 'grandparents' in relevant provisions, such as ORS 107.105(1)(b) and ORS 109.121, which further supports the conclusion that they are not included as 'parties' in attorney fee awards under ORS 107.105(1)(i).