Ruddock

Statement of the Case

Respondent Darrel Ohls and his wife, Diane E. Ohls, were divorced in Oregon on September 21, 1971. In its divorce decree, the Circuit Court of the State of Oregon, for the County of Linn, action No. 39484, entitled “Darrell L. Ohls, Plaintiff, vs. Diane E. Ohls, Defendant,” made a finding that respondent “is not the father of the minor child, Christina Joanne Ruddock, born March 24; 1969, and support for said child is hereby denied.” Both parties appeared in person with counsel at a trial of the action on June 29, 1971, at which evidence was heard and considered by the court. The decree further stated, “. . . that from the evidence it is possible to find that plaintiff is Christina’s father, but that to so declare, in the absence of certainty, would be to do Christina a great disfavor, and the Court not being inclined to thrust upon an innocent child a father who denies such relationship; . . .” The child was not a named party to the Oregon action nor was a guardian ad litem appointed. The decree suggests the issues of paternity and child support were fully litigated, but the record does not include a summary of the evidence before the Oregon…