Rath v. Rath

Mark Rath appealed an order denying his motion to amend the parties' parenting time schedule to allow an overnight, out-of-state family vacation during the summer of 2018 and awarding attorney fees to Kayla Rath. He argued the district court improperly denied his motion to amend the parties' parenting time schedule and abused its discretion in awarding attorney fees. He further argued the trial judge acted prejudicially and with bias, warranting immediate recusal and relief through this Court's issuance of a supervisory writ. A claim for relief is frivolous only if there is such a complete absence of actual facts or law a reasonable person could not have expected a court would render a judgment in that person's favor. The authority to issue supervisory writs is exercised rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. The North Dakota Supreme Court affirmed the district court's denial of his motion to amend the parties' parenting time schedule, reversed the court's award of attorney fees, and denied his request for a supervisory writ. View "Rath v. Rath" on Justia Law