Ward and Ward

In “exceptional cases” the Court will undertake de novo review of a trial court’s decision, applying the factors described in ORAP 5.40(8)(d). Dept. of Human Services v. D.W.M., 296 Or App 109, 111, 437 P3d 1186 (2019) (citing ORAP 5.40(8)(c)).

Appellant appealed the judgment in a dissolution proceeding involving child custody, spousal support, and attorney fees.  Appellant argued the court erred in awarding child custody, spousal support, and attorney fees to Respondent.  Appellant asserted the court incorrectly applied the best interests standard for custody and awarded excessive spousal support and requested de novo review.  Respondent claimed the court’s decisions were consistent with Oregon law.  In “exceptional cases” the Court will undertake de novo review of a trial court’s decision, applying the factors described in ORAP 5.40(8)(d). Dept. of Human Services v. D.W.M., 296 Or App 109, 111, 437 P3d 1186 (2019) (citing ORAP 5.40(8)(c)).  The Court declined to exercise de novo review because application of ORAP 5.40(8)(d) factors did not support the matter as an “exceptional case” that merited making new factual findings.  The Court found the trial court applied the best-interests standard appropriately and that the evidence supported the custody, spousal support and attorney fee rulings.  Thus, the Court held the court did not abuse its discretion in granting legal custody, spousal support, and awarding attorney fees to Respondent.  AFFIRMED.