Elliott v. Elliott

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

In this case the superior court modified a child custody arrangement between Darlis and Nathan Elliott without holding a hearing and without making any factual findings. Because this type of modification requires both a hearing and findings of fact, we reverse.

II. FACTS AND PROCEEDINGS

Darlis and Nathan Elliott were married for almost ten years. Two children, Jordan and Kathleen, resulted from the marriage. The parties divorced in late 2000 and initially agreed that Nathan would receive full legal and physical custody of the children. Instead of setting…