In re the Marriage of Agne

SMITH, Judge.

Movant-father appeals from the action of the trial court in denying his motion to modify an award of child custody. The mother had received custody of the 2½ year old son of the parties in the original divorce proceedings nearly three years prior to the hearing for modification.

Movant’s major contention on appeal is that the action of the wife in removing the child from Missouri to Oregon without court approval and thereby defeating the husband’s opportunities to exercise his rights to temporary custody requires that the custody be changed. While this is a factor which may…