Justia Family Law Opinion Summaries

In the case at hand, Wilmot Yalartai, the plaintiff and appellant, appealed against an order dismissing his case against Jamesetta Miller, the respondent. The two are married with minor children and Yalartai had filed two cases against Miller - one for parenting responsibility and the other for divorce. After a hearing, a judicial referee dismissed the parenting responsibility case, stating that issues concerning parenting responsibility could be resolved in the divorce case. The referee's dismissal order was given without notice to the parties, and Yalartai appealed against this order.The Supreme Court of the State of North Dakota, in its decision, stated that the dismissal order is not appealable under N.D.C.C. § 28-27-02 because it was issued without notice. Thus, the court dismissed Yalartai's appeal for lack of jurisdiction. The court explained that under N.D.C.C. § 28-27-02(7), orders issued without notice to the parties are not appealable and litigants must first seek relief in the district court from an order made without notice. The court further explained that an adversarial record, which does not exist in this case, is required for their review. Hence, Yalartai's failure to seek relief from the dismissal order as required by law led to the dismissal of his appeal. View "Yalartai v. Miller" on Justia Law

In this case, the Supreme Court of North Dakota reviewed the appeal of Christopher Lamm against a disorderly conduct restraining order issued by the District Court, preventing him from having contact with Amanda Anderson, the mother of his child. Anderson claimed that Lamm had threatened her, made false child abuse allegations, and exhibited other threatening behavior. The District Court issued the order based on Lamm's visit to the town where Anderson resided, which it deemed as disorderly conduct. Lamm appealed the decision, and even though the restraining order had expired by the time of the appeal, the Supreme Court acknowledged potential adverse collateral consequences for Lamm and considered the appeal on its merits. The Supreme Court determined that the evidence provided was insufficient to prove that Lamm's presence in the town where Anderson lived constituted disorderly conduct. The court clarified that mere subjective fear of the petitioner or the respondent's unwanted presence was not enough to qualify as disorderly conduct or to justify a restraining order. The court found that Anderson failed to demonstrate how Lamm's actions adversely affected her safety, security, or privacy, and therefore, the District Court's decision to issue the restraining order was deemed as an abuse of discretion. In conclusion, the Supreme Court of North Dakota reversed the District Court's disorderly conduct restraining order against Lamm. View "Anderson v. Lamm" on Justia Law

This case involves a dispute that arose after a divorce between Greg Grengs and Lisa Genareo (formerly Lisa Grengs). As part of the divorce settlement, the Supreme Court of North Dakota ordered that property owned by GLG Farms, LLC, a company established by Grengs to hold ownership of his farm property and equipment, be mortgaged to provide Genareo with security for a property settlement payment valued at $1,300,000. Following the court order, two new members were added to GLG Farms, LLC, and the company filed for bankruptcy protection. Grengs and GLG Farms, LLC, then entered into a stipulation agreement in bankruptcy court, agreeing to mortgage terms and payment terms. However, GLG Farms, LLC, later argued that the two new members of the company were not required to execute the mortgage and that the agreement in bankruptcy court had little impact on the court's decision.The Supreme Court of North Dakota affirmed the district court's order, holding that Grengs acted as an ostensible agent of GLG Farms, LLC, with apparent authority. The court found that Genareo was right to believe that GLG Farms, LLC, consented to Grengs acting as its agent, thus binding the company to the stipulation agreement. The court concluded that GLG Farms, LLC, ratified Grengs' actions by embracing their advantages and using them in judicial proceedings and did not timely disavow Grengs' actions.The court also rejected GLG Farms, LLC's argument that the district court failed to adequately describe the terms of the required mortgage, pointing out that a statutory mortgage form exists and that the amounts due by Grengs were plainly provided in the stipulation. The court further found GLG Farms, LLC's argument that North Dakota law does not provide a standard mortgage to be frivolous, awarding Genareo $1,000 as a sanction. View "Grengs v. Grengs" on Justia Law

In a divorce and child support dispute in the State of North Dakota, the Supreme Court of North Dakota affirmed the lower court's judgment, which involved the calculation of the defendant's child support obligation, decisions on evidentiary matters and the awarding of attorney’s fees.Aron Williams and Jennifer Williams, who have two children together, divorced in February 2018. Jennifer Williams was awarded primary residential responsibility of the children, and Aron Williams was ordered to pay child support based on his classification as an experienced farmer with an imputed gross annual income. The case has gone through several rounds of modification and amendment of judgments.In the latest appeal, Aron Williams contested the district court's categorization of him as a "farmer" and its subsequent calculation of his income for child support purposes, arguing that he should be considered a "farm laborer" with a lower income. The Supreme Court of North Dakota found that the district court did not err in classifying Aron Williams as a farmer and imputing the statewide average income of a farmer to him for the purposes of child support.Additionally, Aron Williams argued that the district court erred in its decisions regarding evidentiary matters and the awarding of attorney’s fees to Jennifer Williams. The Supreme Court of North Dakota concluded that the district court did not abuse its discretion in denying Aron Williams’s motion to reopen the record or in awarding attorney’s fees, and therefore affirmed these decisions. View "Williams v. Williams" on Justia Law

In the State of North Dakota, Joshua Holm appealed from a district court's decision to issue a disorderly conduct restraining order preventing him from contacting Heidi Holm for six months. The couple's marriage had deteriorated and they agreed to separate; however, Heidi alleged that Joshua had taken money from her safe and joint checking accounts, attempted to force her into sex, and had weapons, causing her to fear him. The Supreme Court of North Dakota reversed the decision, stating that the district court had abused its discretion by issuing the restraining order without finding that Joshua intended to adversely affect Heidi's safety, security, or privacy. The court noted that while Joshua had admittedly visited the marital home against Heidi’s wishes, this alone did not establish reasonable grounds for a restraining order. The court concluded that Heidi, as the petitioner, bore the burden of proving Joshua acted with adverse intent, which she failed to do. The restraining order was, therefore, reversed. View "Holm v. Holm" on Justia Law

In the State of North Dakota, the Supreme Court was asked to review a lower court's decision to grant a disorderly conduct restraining order. The petitioner, Hattie Albertson, had filed for this restraining order against the respondent, Trent Albertson. The District Court of Bottineau County had granted the restraining order in favor of Hattie Albertson and their minor child, C.W.A., for a period of one year. This decision was appealed by Trent Albertson, and the Supreme Court retained jurisdiction and remanded the case to the lower court for more detailed findings. Upon review of these additional findings, the Supreme Court affirmed the lower court's decision to maintain the restraining order.The lower court had found that Trent Albertson had made multiple threatening phone calls over two days, including threats of violence against a friend of the minor child and towards the child as well. These threats and the respondent's actions, including attempting to forcefully enter Hattie Albertson's home, led her to leave the home out of fear. The Supreme Court agreed with the lower court's decision, finding the evidence and testimony presented sufficient to believe that acts constituting disorderly conduct had been committed.Trent Albertson had argued on appeal that the restraining order effectively modified a residential responsibility schedule without necessary hearings and considerations. However, the Supreme Court declined to address this argument as it was raised for the first time on appeal, and had not been presented to the lower court for consideration. The Supreme Court concluded that the district court did not abuse its discretion in granting the disorderly conduct restraining order and affirmed the decision. View "Albertson v. Albertson" on Justia Law

David Tracey appealed a domestic violence protection order prohibiting him from having contact with Monica Tracey for a two-year period. The petition alleged Monica was in fear of her husband. Monica's testimony described events that led to filing the petition, pertinent here, an argument with her husband that resulted in a physical altercation that occurred in November 2021. Following this incident, Monica left the parties’ house for about ten months. The parties reconciled after this incident, and Monica moved back home for about five months before leaving again. Without providing any specific dates, Monica further testified that in the past, David had told her “no one would care if [she] disappeared.” She took these comments about her disappearing as a threat. Monica stated she was not “comfortable” with David showing up to her home and place of work. David did not cross-examine Monica Tracey or deny the allegation of the physical altercation in November 2021, nor did he deny any other incidents related in Monica's testimony. David argued the district court erred in granting the domestic violence protection order because Monica failed to make a showing of actual or imminent domestic violence and the court failed to make sufficient findings to enable proper appellate review. To this, the North Dakota Supreme Court agreed: Monica's petition was based on fear of imminent harm, but the district court made oral findings based on David's conduct that occurred about one and a half years prior. The court made no other specific findings on how the altercation met the definition of domestic violence or whether David acted in self-defense. "Although the November 2021 incident is relevant to the issue of domestic violence, given the period of time since the conduct occurred, and the on and off again relationship between the parties, it is necessary for the district court to find a contemporaneous actual harm or the infliction of fear of physical harm, bodily injury, or assault." The Supreme Court reversed the two-year domestic violence protection order. View "Tracey v. Tracey" on Justia Law

Trenton Albertson appealed the issuance of a disorderly conduct restraining order that directed he have no contact with Hattie Albertson and C.W.A., the couple's child, for a one-year period. The North Dakota Supreme Court concluded the district court did not abuse its discretion by denying Trenton's request for a continuance. Because the district court did not make findings of fact to explain the factual basis for granting the disorderly conduct restraining order, the Supreme Court retained jurisdiction under N.D.R.App.P. 35(a)(3)(B) and remanded with instructions for the court to make sufficient findings to enable the Court's review of the disorderly conduct restraining order. View "Albertson v. Albertson" on Justia Law

Payton Small appealed from a judgment awarding Tess Hillestad primary residential responsibility of the parties’ minor child. The North Dakota Supreme Court concluded the district court’s decision awarding primary residential responsibility to Hillestad, setting a parenting time holiday schedule, and granting Hillestad tie-breaking authority was not clearly erroneous. View "Hillestad v. Small" on Justia Law

Mark Rath appealed a district court order denying Kayla Jones’ petition for a disorderly conduct restraining order. Rath lacked standing to appeal the favorable order because he prevailed in the district court. Rath also raised unappealable issues concerning an interlocutory order and motions that he as a vexatious litigant did not have court authorization to file. None of the issues Rath raised were properly before the North Dakota Supreme Court, so the appeal was dismissed. View "Jones v. Rath" on Justia Law