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AUGE v. AUGE

No. CX-82-1323.

334 N.W.2d 393 (1983)

Carol Ann AUGE, petitioner, Appellant, v. Frank Daniel AUGE, Respondent.

Supreme Court of Minnesota.

June 3, 1983.

Attorney(s) appearing for the Case

Klas & Klas, Mary Louise Klas, St. Paul, for appellant.

Rothstein, Wolf, Kaplan & Goff, Richard D. Goff, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

This is an appeal of a district court order denying appellant's motions for an evidentiary hearing and for permission to remove the parties' child from the State of Minnesota. Because denial of permission to remove effected a change in custody, and the applicable statute requires an evidentiary hearing before custody may be modified, we reverse and remand for a full hearing with instructions regarding the statutory presumptions to be applied...

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