Wetch v. Wetch

539 N.W.2d 309 (1995)

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Nature of the Case

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Facts

H and W were married in 1987. Their daughter Cassandra was born in 1989, and their daughter Kaley Anne was born in 1991. The parties were divorced on March 12, 1993. By a stipulated agreement, W received custody of Cassandra and Kaley Anne, and H received liberal visitation rights. About one year later, W wanted to move with the children to Tennessee. H sought physical custody of the girls. The matter was resolved by stipulated agreement restricting W to reside within 60 miles of Fargo-Moorhead. During the summer of 1994, W, without permission of H or the trial court, moved with the children to Tennessee. H filed a motion for change of custody. In deciding the motion, the trial court specifically stated it would not consider any evidence of the parties' activities or conduct prior to April 5, 1994, amended judgment. H was awarded physical custody of the girls. W appealed.