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324 Or. App. 566

Weaver and Weaver

Court of Appeals of Oregon

Decided March 8, 2023

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Court of Appeals of Oregon · decided 2023-03-08

Applies OR 109 § 109.741 · OR 19 § 19.365

Affirmed · Decided 2023-03-08

                                 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  This is a nonprecedential memorandum opinion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Nonprecedential Memo Op: 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 personal 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 decision, or whether evidence was taken regarding father’s arguments relating to his contacts with Oregon. “An appellant
bears the burden of providing a record sufficient to demonstrate 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.

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