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IN RE DOE

No. 36386-2009.

224 P.3d 499 (2009)

In the Matter of Jane DOE and John Doe, Children Under the Age of 18. Fred Heiss, Annabelle Heiss, and Maia Heiss, Petitioners-Respondents-Cross Appellants, v. Violetta Conti, Respondent-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, December 2009 Term.

December 30, 2009.

Attorney(s) appearing for the Case

Liesche & Reagan, Coeur d'Alene, and Tolin & Victoria, LLP, Seattle, for appellant. Anna M. Tolin argued.

Finney Finney & Finney, Sandpoint, for respondents. Rex A. Finney argued.

EISMANN, Chief Justice.

This is an appeal from a judgment denying a petition to remove a testamentary guardian of two orphaned minor children. We affirm in part and reverse in part the judgment of the magistrate court.

I. FACTS AND PROCEDURAL HISTORY

Jane Doe, age 11, and John Doe, age 6, (Children) resided with their parents Karl Heiss (Karl) and Marisa Bauducco-Heiss (Marisa) in Bonner County, Idaho. On October 1, 2008, the family left Idaho intending...

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