Parents divorced in in Colorado 1999 with 2 children ages 1 and 3. They agreed to week on/week off parenting plan. Dad moves to California and back twice. Mom moves to Pony, Montana in 2005 and 2 months later, dad moves to McAllister, Montana and resumes the original Colorado parenting schedule. (Google places the two communities, near Ennis Lake, 26 miles apart). In 2007, mom registers the Colorado decree in Montana, then moves to modify the parenting plan. The District Court dismissed her case without hearing.
Reversed. The Montana Supreme Court cited allegations by mom that: 1) current age of the children (11 and 13) and changed needs; 2) children having difficulty at school arising from inconsistent rules and schedules in the 2 households; 3) children having expressed strong desire to change the plan.
The Court found these allegations, if true, “… could warrant modification of the parenting plan pursuant to §40-4-219, MCA.” §40-4-220 MCA requires a trial court to deny a motion to modify a parenting plan “… unless it finds that adequate cause for hearing the motion is established by the affidavits, based on the best interest of the child ….” Neither the Appellant nor the Supreme Court opinion cited this statute, however.
In Re Marriage of Chapman and Panagakis, 2009 MT 119N.
