Suzanne Anderson, Appellant v. Joseph Johnson, Appellee

Summary

The Court held that a post-decree motion to modify visitation or timesharing is an action tried upon the facts without a jury under CR 52.01, requiring specific findings of fact, separate conclusions of law, and an appropriate judgment. Because the family court stated only that relocation was not in the child's best interest and made no factual findings, the appeal was properly before the Court despite the appellant's failure to request findings under CR 52.04. The case was remanded for the required findings and conclusions.