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ALLBRIGHT v. ALLBRIGHT

No. 35783-2008.

215 P.3d 472 (2009)

Aneka D. ALLBRIGHT, n/k/a Wagner, Respondent-Appellant, v. Gregory S. ALLBRIGHT, Petitioner-Respondent.

Supreme Court of Idaho, Boise, June 2009 Term.

August 21, 2009.

Attorney(s) appearing for the Case

Dennis W. Olley, Pocatello, for appellant.

M. Brent Morgan, Chtd., Pocatello, for respondent.

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 Allbright (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...

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