In re Robey

David D. Robey, Sr., appeals as of right from an order of the probate court, by which his five minor children were removed from foster care and placed in the home of Joan Robey, their mother. Plaintiff contends that the probate court lacked jurisdiction to enter the order appealed from. We agree and reverse.

Plaintiff and defendant were divorced on August 5, 1981. With the consent of defendant, plaintiff was awarded custody of the five children, then ages two through nine. On or about June 5, 1982, a dispute arose concerning defendant’s visitation rights. She thereupon filed a complaint with…