Ruben Teran S., Attorney for Appellant, Douglas, Arizona. Appellant filed a motion to enjoin his ex-wife from removing their daughter from the State of Arizona. He objects to the trial court's treatment of his motion as a motion to modify custody and the denial of relief by the trial court without the benefit of an evidentiary hearing. We agree with appellant and reverse and remand with instructions. The decree gives appellant physical custody of Danielle and appellee physical custody of Jennifer.
Major decisions concerning the children are to be shared.
Visitation by each party is specifically spelled out in the decree. Appellant's visitation rights are quite extensive, including alternate weekends during the school year, six weeks during the summer, weekday visits and certain holidays. Additionally, neither party is permitted care of either child for three consecutive weekends. In March of 1985, appellant discovered that appellee had decided to move to North Carolina with her new husband and was planning to relocate Jennifer there as well. To prevent the move, appellant filed a motion seeking a temporary restraining order and an order to show cause why the temporary orders should not be made permanent.