Schultz v. Schultz

BURDICK, Justice.

Appellant Rhonda Rae Schultz appeals from a magistrate court’s order requiring her to return to Idaho with her minor daughter or relinquish custody of the child to Respondent Kenneth Dean Schultz. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

Kenneth Dean Schultz (Kenneth) and Rhonda Rae Schultz (Rhonda) were married in Boise on February 25, 2005. Their only child, Sylvia Susan Schultz (Sylvia), was bom on May 21, 2005. Kenneth and Rhonda had a tumultuous relationship, characterized by domestic abuse since before they married and became parents.

On February 2,…