Dept. of Human Services v. M. C. C.

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Procedure
• Date Filed: 12-02-2015
• Case #: A159381
• Judge(s)/Court Below: Lagesen, P.J. for the Court; Garrett, J.; & Schuman, S.J.

Participating in dependency proceedings for more than two years without raising an objection to the sufficiency of service under the Hague Service Convention waives the objection.

The Department of Human Services (DHS) sent a summons to father in Mexico in 2012 by a delivery service that required a signature at delivery. Both parties agreed that this was a violation of the requirements of the Hague Service Convention because all service was to be made through the Mexican Central Authority. Father appeared in the proceedings by telephone and through counsel for more than two years before raising any objection. Father also "affirmatively invoked the assistance of the court." In Oregon, the party claiming a defect in service must raise such concern at the earliest possible occasion. The Court held that the juvenile court correctly denied the father's motion to dismiss because he had waived his objection to the improper service. Affirmed.

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