Wendlandt v. Johnson
Annotate this CaseAfter Michael Johnson and Laura Wendlandt divorced, the couple's child, P.J., lived with Laura. Montana Child Protective Services later began investigating allegations that Michael sexually abused P.J. Laura filed an ex parte motion in the district court, requesting temporary emergency jurisdiction, assumption of continuing jurisdiction, and an order of protection. The district court appointed a guardian ad litem (GAL) for P.J. and awarded full custody to Laura until the GAL issued her report and recommendations. The district court eventually issued an order adopting the GAL's recommendations and ordered that full custody of P.J. would remain with Laura. No hearing was held. The Supreme Court reversed, holding that the district court erred in adopting and implementing the recommendations of the GAL without first holding a hearing.
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