Justia Family Law Opinion Summaries

Savanna Perales appealed a district court order requiring her to return her children to North Dakota. Perales and Erik Gonzalez were divorced by a Texas divorce decree. After the divorce, both parties lived in North Dakota. Perales then relocated with the children to Georgia. The district court, in an ex parte emergency order, ordered Perales to return the children to North Dakota. Later, the court held a hearing and issued the order from which Perales appealed. The North Dakota Supreme Court concluded this order was not appealable and dismissed the appeal. View "Gonzalez v. Perales" on Justia Law

Jerome Lowe, Jr. appealed a domestic violence protection order restraining him from contact with Lori Legacie-Lowe for 12 months. The North Dakota Supreme Court retained jurisdiction and remanded with instructions for the district court to make sufficient findings to enable the Supreme Court to review the order. Upon reviewing the district court’s findings on remand, the Court affirmed the domestic violence protection order. View "Legacie-Lowe v. Lowe" on Justia Law

Jeffrey Edison appealed a divorce judgment and an amended judgment awarding primary residential responsibility for two children to Signe Edison, arguing error in the form of gender bias and in the court’s finding that Jeffrey Edison was underemployed for purposes of child support. Signe argued Jeffrey waived his gender bias argument and, in the alternative, that the trial court’s judgment was not based on gender bias. Jeffrey also requested the North Dakota Supreme Court award the parties equal residential responsibility and impose a “50/50 parenting plan” or reassign the case on remand to a different trial judge. After review, the Supreme Court reversed and remanded with instructions to reconsider: (1) the decision to award Signe with primary residential responsibility; and (2) the best interests of the children under N.D.C.C. § 14-09-06.2(1) and to recalculate any child support obligations. View "Edison v. Edison" on Justia Law

Nicholas Otten appealed a district court judgment entered after a bench trial on divorce proceedings. On appeal, he argued the court erred by denying his motion to continue trial. He also argued the court erroneously admitted, reviewed, and relied on Jessica Otten’s evidence, and thereby erred in its division of marital property, consideration of the best interest factors, and award of his parenting time. After review of the trial court record, the North Dakota Supreme Court found no reversible error and affirmed the judgment. View "Otten v. Otten, et. al." on Justia Law

Derrick Dogbe appealed district court’s order denying his motion to modify primary residential responsibility, an order denying his motion to vacate the modification order, and an order awarding attorney’s fees to Rebekah Dogbe (now known as Rebekah Grafsgaard). After review, the North Dakota Supreme Court affirmed that part of the order denying Dogbe’s motion to modify primary residential responsibility, but reversed those parts of the orders awarding attorney’s fees. View "Dogbe v. Dogbe, et al." on Justia Law

Ryan Fleck appealed the denial of his motion to amend a parenting plan. He argued the district court erred in allowing Dana Fleck to testify, and he made various challenges to the court’s findings. After review, the North Dakota Supreme Court held the court did not err in allowing Dana to testify. Furthermore, the Court held the trial court applied an erroneous standard for determining whether a material change in circumstances had occurred for purposes of modifying parenting time. Thus, the Court affirmed in part, reversed in part, and remanded for further proceedings. View "Fleck v. Fleck, et al." on Justia Law

Cassandra Smith, formerly Goetz, appealed a judgment awarding her and Joshua Goetz equal residential responsibility of their minor children and awarding Goetz primary decision making responsibility. In Goetz v. Goetz, 988 N.W.2d 553, the North Dakota Supreme Court remanded the case concluding the district court did not make specific findings regarding whether the material change in circumstances resulted in a general decline or adversely affected the children. Upon reviewing the district court’s findings on remand, the Supreme Court reversed the judgment because the court once again failed to make specific findings regarding whether the material change in circumstances resulted in a general decline or adversely affected the children. View "Goetz v. Goetz, et al." on Justia Law

Gabriel Asumeng appealed a judgment dividing the marital estate and awarding Vivian Asiama primary residential responsibility of the parties’ children. The North Dakota Supreme Court concluded the district court did not clearly err by awarding Asiama primary residential responsibility; however, the court erred in its distribution of the marital estate. View "Asiama v. Asumeng, et al." on Justia Law

Wayne Anderson appealed, and Renee Anderson cross-appealed the parties' divorce judgment. The parties raised issues concerning the district court’s marital estate valuation and distribution. Wayne also argued the court erred when it ordered him to pay attorney fees as a sanction for discovery violations and contempt. The North Dakota Supreme Court concluded it lacked jurisdiction to consider the contempt decision because Wayne did not timely appeal that order. The Supreme Court otherwise affirmed the award of attorney fees. The Court reversed the district court’s property valuation, concluding the court erred as a matter of law when it valued a capital loss carryover for tax purposes and when it excluded a portion of the parties’ assets from the marital estate. The case was remanded for the trial court to reconsider its property distribution. View "Anderson v. Anderson" on Justia Law

Michael Knudsen appealed a district court order determining Knudsen did not establish a prima facie case for modification of primary residential responsibility and denying his motion to modify primary residential responsibility, and from a district court order denying his motion to disqualify Tessa Falcon’s counsel. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Falcon v. Knudsen, et al." on Justia Law