Weber v. State, 2015 MT 161 (June 16, 2015) (Baker, J.) (5-0, aff’d & rev’d)
Issue: Whether the district court erred in denying the state’s motion for summary judgment based on immunity under § 41-3-203(1), MCA.
Short Answer: Yes.
Judgment for the state affirmed, denial of State’s motion reversed
Facts: Leslee Weber and Kelly Etapa are the birth parents of two minor daughters, FE and GE. In May 2007, Weber and Etapa were legally separated by a Wisconsin court. In June 2007, Weber and the girls left Wisconsin to spend the summer in Montana. Etapa trailered the family’s horses to Montana and returned to Wisconsin the next day.
Weber was hired as a counselor at the Willow Creek School in Broadwater County in July 2007, and notified Etapa via certified letter that she intended to remain in Montana with the girls.…