No. 86-359 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1987 

IN RE THE MARRIAGE OF 

JAMES EERNAPD PREVOST, 

Petitioner and Respondent, 

and 

DENA KAY PREVOST, 

Respondent and Appellant. 

APPEAL FROM: District Court of the Seventh Judicial District, 

In and for the County of Richland, 

The Honorable H. R. Obert, Judge presid-ing. 

COUNSEL OF RECORD: 

For Appellant: 

T. R. Halvorson, Sidney, Montana 

For Respondent: 

Phillip N. Carter, Sidney, Montana 

Submitted on Briefs: Oct. 20, 1986 

i 

Decided: January 13, 1987 
Mr. Justice William E. Hunt, Sr., delivered the Opinion of 

the Court. 

This is an appeal from an order of the District Court, 

Seventh Judicial District, Richland. County, modifying 

visitation between two parents and their children. The 

mother appeals the order. We affirm. 

The issues raised are as follows: 

1. Does the absence of a verbatim record necessitate 

reversal and remand? 

2. Does the absence of findings of fact showing how the 

order is in the best interests of the children necessitate 

reversal and remand? 

3. Is weekend visitation between the father and 

daughter without weekend visitation between the mother and 

son in the best interests of the children? 

4. Is summer visitation between the father and daughter 

in 1986 without the possibility of summer visitation between 

the mother and son in the same year in the best interests of 

the children? 

The parties were divorced in 1985. They had two 

daughters and a son. The mother was granted custody of the 

two daughters and the father was granted custody of the son. 

Each was granted "reasonable" visitation with the child or 

children not in their custody. In June, 1986, the father 

filed a motion to modify visitation privileges. The court 

held a hearing and heard testimony from the mother and the 

father on visitation. No transcript of this hearing was 

made. The court issued an order granting the father 

visitation with one daughter as follows: 

a. Two weekends per month, beginning at 7:00 

o'clock P.M. on Friday and ending at 7:00 o'clock 

P.M. on Sunday night. This particular visitation 

shall be modified if the petitioner is not at the 
home of the respondent by 9:00 o'clock P.M. on the 

Friday night. If he is not, his visitation will 

not start until 9: 00 olcl.ock on Saturday morning. 

b. On alternating holidays, which, for this 

purpose, shall be defined as New Year's Day, Easter 

Sunday, Memorial Day, July 4th, Labor Day, 

Thanksgiving Day, and Christmas ~ve/Christmas Day. 

c. For six continuous weeks in the summer. This 

period of time shall be the six weeks at the end of 

the summer and just prior to the child beginning 

school. 

He was granted visitation with the other daughter at all 

times and places that she desires. The mother was granted 

visitation with her son as follows: 

a. Six weeks in the summer. This period shall be 

during the beginning of the summer vacation period, 

just after school has let out. 

b. Alternating holidays, which are defined as the 

same as those a.bove. 

The order modifying visitation was signed by the judge, 

then there was a notation "APPROVED as to content and form:" 

and the order was signed by the attorney for petitioner and 

the attorney for respondent. 

The issue on appeal is actually whether the order in 

question was truly an order which may be appealed or whether 

it is a stipulation by both parties that was adopted by the 

court. Since both parties, through their attorneys signed 

the order, we hold that the document was a stipulation which 

was adopted by the court. "It is improper to raise an issue 

upon appeal as to a question of law or fact after the parties 

have entered into a stipulation as to that law or fact.'' 

Penn v. Burlington Northern, Inc. (1980), 185 Mont. 223, 228, 

605 P.2d 600, 604. We hold the first three issues on appeal 

have not been properly raised because appellant agreed to the 

term of the modified visitation order. We hold the last 
issue is moot because the visitation for the summer of 1986 

has already occurred. 

Affirmed. 

We Concur: l