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QUARNE v. QUARNE

No. 990045.

601 N.W.2d 256 (1999)

1999 ND 188

Kathlyn A. QUARNE, Plaintiff and Appellee, v. Tracey J. QUARNE, Defendant and Appellant.

Supreme Court of North Dakota.

October 20, 1999.

Attorney(s) appearing for the Case

Gary H. Lee, Olson Burns Lee, Minot, ND, for plaintiff and appellee.

Faron E. Terry, Terry Law Office, Minot, ND, for defendant and appellant.

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...

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