Custody of Arneson-Nelson

¶39 I concur with the majority’s conclusion as to Issue 2. However, I respectfully dissent from the majority’s conclusions as to Issue 3, and *69Issue 1 to the extent the District Court exceeded the scope of Pengra’s Motion for an Ex Parte Order.

¶40 In Pengra’s filings to the court, she requested an Ex Parte Order immediately suspending Nelson’s visitation rights, and further moved the District Court to set a hearing to make the suspension permanent. She requested an additional hearing in six months to determine whether supervised visits could then renew. At no time did Pengra request sole…