Maycee J. Stine v. Isaiah M. Jakes et al.

This appeal arises from Appellant/Mother’s January 2020 petition to modify the visitation provisions in an agreed parenting plan entered by the juvenile court in December 2017.  Following proceedings before a juvenile court magistrate, Mother filed a timely request for a de novo hearing by the judge pursuant to Tennessee Code Annotated section 37-1-107(d).  In lieu of an evidentiary hearing, the juvenile court considered the matter on the parties’ briefs and argument of counsel.  The court determined it could not make factual findings without conducting a de novo trial and advised the parties that, in lieu of a hearing, a direct appeal to this Court was “a remedy for either party.”  Mother did not set a hearing, and the juvenile court affirmed the magistrate’s findings of fact and conclusions of law.  Mother appeals.  We vacate the juvenile court’s order and remand this matter for a de novo hearing before the juvenile court judge.