Quarne v. Quarne

MARING, Justice.

[¶ 1] Tracey J. Quarne appealed from an order denying his motion for change of custody. We hold the trial court erred in deciding the motion without providing an evidentiary hearing and without allowing the parties an opportunity to cross-examine the court-appointed investigator. We reverse and remand for a hearing on the merits.

[¶2] Kathlyn and Tracey Quarne were divorced January 15, 1996. The divorce decree placed custody of the parties’ only child, Alexandra, with Kathlyn and awarded reasonable visitation to Tracey. An amended judgment was entered on December 9, 1996,…