Justia Family Law Opinion Summaries

Chase Eikom appealed a second amended judgment entered after he moved to amend parenting time. He argued the district court erred in denying his request for parenting time on all major holidays and to extend time during the summer. Eikom also argued the court erred in establishing the requirement his parenting time be reduced if he misses four or more weekends in a year. Because the North Dakota Supreme Court could “discern the rationale behind the district court’s findings, and the findings are supported by the evidence, the court did not err.” Judgment was affirmed. View "Eikom v. Eikom" on Justia Law

Father J.R. appealed a juvenile court order finding his child, M.R., to be deprived; removing M.R. from the care, custody, and control of the parents; and placing M.R. with North Star Human Service Zone (“North Star”). Because M.R. was no longer a minor child and the order on appeal had expired, the North Dakota Supreme Court dismissed the appeal as moot. View "Interest of M.R." on Justia Law

Donald Burris appealed a district court order denying his motion to eliminate or reduce spousal support paid to Luann Burris. Donald argued the court erred: (1) in determining there had not been a material change in circumstances; (2) as a matter of law in not applying a 2015 statutory change; (3) in not considering his future retirement; and (4) in awarding Luann Burris attorney’s fees. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Burris v. Burris" on Justia Law

Joseph Schrodt appealed the judgment of divorce from Katie Schrodt. Joseph raised numerous issues including the district court’s denial of his request for a continuance, the court’s valuation of certain marital assets, the court’s calculation of child support, the court’s parenting plan, and the court’s award of attorney’s fees and costs to Katie. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Schrodt v. Schrodt, et al." on Justia Law

ason Canerdy appealed a district court order denying his motion for contempt and his motion to modify primary residential responsibility without an evidentiary hearing. Jason and Samantha Canerdy were divorced in June 2020. The parties had two minor children. The judgment awarded Samantha primary residential responsibility and Jason reasonable parenting time. In April 2021, Jason filed a motion to modify the judgment to be awarded primary residential responsibility of the minor children, or in the alternative, be awarded equal residential responsibility. Jason also filed a motion for contempt for Samantha's interference with his parenting time. The district court denied Jason's motion for contempt and his motion to modify the judgment for primary residential responsibility without an evidentiary hearing. The court found that there was no evidence that Samantha disobeyed the judgment, and that she had not committed contempt of court. Further, the court found no persistent and willful denial of parenting time, no evidence that the children were in any danger, and no evidence that primary residential responsibility changed. The court stated that Jason did not take responsibility for his own inaction in regard to not spending as much time with his minor children because he did not regularly attend or participate in their dance activities. The court noted that Jason would seek to make up his parenting time when the dance activities occur on his scheduled weekend. After review, the North Dakota Supreme Court concluded Jason established a prima facie case for modification and was entitled to an evidentiary hearing. The Court affirmed the district court in all other respects, and remanded the case for further proceedings. View "Canerdy v. Canerdy, et al." on Justia Law

Thomas Kaspari appealed an amended judgment awarding spousal support to Jean Kaspari entered after the first appeal in this case. The district court ordered Thomas to pay $7,000 per month in spousal support to Jean until he turned 65 years old. Thomas argued the district court erred in the amount of spousal support it awarded, claiming: (1) the court failed to properly consider the distribution of the parties’ assets and debts; (2) the evidence did not support a finding of a need for support; and (3) the court improperly attempted to equalize the parties’ incomes. The North Dakota Supreme Court determined that although the district court made findings about the Ruff-Fischer factors and considered Jean's need for spousal support and Thomas' ability to pay, the court failed to adequately explain its reason for awarding spousal support of $7,000 per month when Jean did not show a need for that amount. "The court was not required to provide a detailed calculation of Jean Kaspari’s need for spousal support, but it was required to make sufficient findings to provide a discernible basis for its decision. Without further explanation from the district court, the amount appears to be arbitrary or an attempt to equalize the parties’ incomes." Accordingly, the Supreme Court reversed the district court’s spousal support decision and remanded for that court to make further findings explaining its decision or to reconsider the amount of support. View "Kaspari v. Kaspari" on Justia Law

Aaron Taylor appealed the district court’s Findings of Fact, Conclusions of Law, and Order for Third Amended Judgment modifying his parenting time, limiting his decisionmaking authority, and finding him in contempt. The North Dakota Supreme Court concluded the court did not clearly err in denying Taylor’s motion to modify or in granting Leah Taylor’s countermotion. Accordingly, judgment was affirmed. View "Taylor v. Taylor" on Justia Law

Mary Orwig appealed a district court order finding her in contempt and imposing remedial sanctions. She challenged whether the parties’ divorce judgment was an order from which non-compliance could result in a finding of contempt, the evidence supporting a finding of contempt, and the sanction as an improper punitive sanction. Steven Orwig cross-appealed the court’s Order Following Remand awarding Mary her attorney’s fees in the divorce. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Orwig v. Orwig" on Justia Law

Viviana Lovett appealed an order denying her motion to modify primary residential responsibility for the children she had with Antonio Lovett. Viviana argued the district court erred by finding she failed to establish a prima facie case for modification because the divorce judgment stated the parties would revisit the parenting plan if either parent intends to move and Antonio moved to relocate the children. The North Dakota Supreme Court did not reach the merits of Viviana's argument because it concluded the issue on appeal was now moot. Therefore, the appeal was dismissed. View "Lovett v. Lovett, et al." on Justia Law

This case involved three appeals after two limited remands by the North Dakota Supreme Court for additional proceedings at the district court. Kevin Johnson appealed several district court orders, a second amended judgment, and a third amended judgment. All proceedings arose from Johnson's divorce from Julie Lessard. The Supreme Court concluded Johnson’s issue, contending the district court had granted a divorce only to Lessard and thereby exceeded its authority, was frivolous and awarded Lessard $750 in attorney’s fees under N.D.R.App.P. 38. The Court further concluded the district court did not err in holding Johnson failed to establish a prima facie case requiring an evidentiary hearing to modify residential responsibility, the court did not err in granting Lessard’s motions for a protective order and for sanctions, and its decision allowing Lessard to relocate out of state with the minor children was not clearly erroneous. View "Lessard v. Johnson" on Justia Law