Allbright v. Allbright

EISMANN, Chief Justice.

This is an appeal from an order preventing a divorced parent from moving out of state, even without the child. Because the magistrate court had no authority to make that order, we reverse.

I. FACTS AND PROCEDURAL HISTORY

Gregory Allbright (Father) and Aneka All-bright (Mother) were divorced on June 10, 2005, after five years of marriage. They had one minor child, a daughter (Daughter) born on February 7, 2002. Mother also had physical custody of a minor daughter (Stepsister) from a prior marriage.

The parties entered into a stipulation resolving issues in their divorce,…