In re Marriage of Whyte
Annotate this CaseHusband and Wife divorced in 2003. A final parenting plan was incorporated into their divorce decree allocating parenting time in regard to Child. In 2011, Wife filed a motion to amend the parenting plan. The district court granted the motion, which resulted in allowing Child to determine future residential decisions annually. The Supreme Court (1) vacated the order amending the parenting plan and reinstated the original parenting plan, holding that the district court's findings were insufficient to establish the statutory standard for amendment of the parenting plan; and (2) reversed the district court's holding that Child would determine his own residential arrangements, concluding that the court erred in delegating to Child the power to modify the parenting plan in the future, as the determination of whether a parenting plan is appropriate is a legal conclusion that can only be made by a court.
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