Appeal from Circuit Court, Josephine County. Samuel M. Bowe, Judge.
Donald H. Coulter, and Myrick, Coulter, Seagraves & Nealy, Grants Pass, for appellant.
Leroy R. Kantola, Salem, pro se for respondent.
Fort, Judge. Schwab, Chief Judge, and Foley, Judge.
The parties were divorced in Josephine County in February 1969. Both were Oregon domiciliaries and residents of that county at the time the suit was filed. Plaintiff mother obtained the decree, was awarded custody of the two children subject to "reasonable" visitation rights and support of $100 a month per child from defendant. After the decree the mother with the children moved to California.
In October 1969, after the remarriage of both parties, the defendant father, in view of the changed circumstances, asked the court to specify his visitation rights. An order to show cause and citation were duly served on plaintiff in California. Plaintiff thereupon filed a motion to quash on special appearance, questioning the court's jurisdiction over her person and its power to alter the visitation provision. On November 17, 1969, the court in the presence of both parties and their counsel denied plaintiff's motion to quash and then proceeded with the hearing on defendant's motion and entered, on November 26, 1969, an order specifying the visitation rights of defendant. There was no appeal from that order.
Plaintiff and her family, following this hearing, moved to Hawaii to make their permanent home there. The trial court was duly advised by her of her intention to do so prior to the entry of that order.
In January 1971 defendant sought reduction of child support payments and also an order holding plaintiff in contempt for not allowing the children to visit him for Christmas in 1970 as provided in the above order.
Plaintiff also appeared specially by counsel at that time contesting the court's jurisdiction in that
proceeding as to both matters. The trial court concluded it had jurisdiction, adjudged her in contempt and after taking testimony reduced defendant's support payments to $50 per month per child.
On appeal by plaintiff mother, Kantola v. Kantola, 10 Or App 266, 500 P2d 263, on August 10, 1972, we reversed on the grounds of comity that portion of the 1971 order holding her in contempt because of the obvious enforceability problems created by the mother's and the children's extrastate domicile. However, we held the trial court properly exercised its continuing jurisdiction to reduce the child support payments, citing ORS 107.135 (1) (a). Kantola v. Kantola, supra, 10 Or App at 270.
Subsequently, on October 6, 1972, plaintiff filed a Motion on Special Appearance*fn1 in the divorce court, seeking a vacating of the November 26, 1969, order. This appeal is ...