Ellibee v. Ellibee

BISTLINE, Justice.

Based upon the allegation that defendant William A. Ellibee had physically abused their son Tolen during a week in which he had actual custody of the boy, and several visible bruises on Tolen, Lucille Ellibee sought and obtained from District Judge Debra Heise, a temporary ex parte order restraining her ex-husband William from having any contact with the Ellibees’ children. 1 A hearing date of September 18, 1989, was set by Judge Heise. William Ellibee did not challenge the entry of that order.

At the September 18 hearing, both parties appeared and were represented by…