Justia Family Law Opinion Summaries

Thomas Kaspari appealed an amended judgment entered following a reversal and remand of an award of spousal support. On remand, the district court supplemented its findings and confirmed its prior spousal support award. Kaspari argued on appeal that the court did not adequately explain its decision and its findings are clearly erroneous. Because, after review, the North Dakota Supreme Court was “left with a definite and firm conviction a mistake has been made in awarding spousal support, without adequate explanation, in an amount more than double the recipient’s expenses as found by the court and advanced by the recipient, by including within the recipient’s need expenses paid on behalf of adult children, and by finding the obligor had an ability to pay based upon a 70-80 hour work week,” it reversed and remanded this case for reconsideration of an appropriate amount of spousal support. View "Kaspari v. Kaspari" on Justia Law

Kristen Overboe appealed a divorce judgment, an order striking a declaration, an order denying a motion to amend the findings of fact, and an order striking additional filings and granting a protection order. The North Dakota Supreme Court affirmed the divorce judgment but remanded for the district court to specify in the order for judgment whether either or both of the parties would be permitted to marry, and if so, when. The Court affirmed the court’s order denying Overboe’s motion to amend findings of fact but vacated the April 25, 2022 order granting Jonathan Buchholz’s motion to strike and granting a protection order. The Supreme Court also granted Buchholz’s motion for attorney’s fees and awarded double costs. View "Buchholz v. Overboe" on Justia Law

Matthew Beland and Sarah Kyte appealed after the denial of Beland’s motion for a temporary restraining order and motion for sanctions against Jeremiah Danel and Jeremiah Danel, D.D.S., P.C., and the granting of Danel’s motion for sanctions against Beland and Kyte. Beland and his former spouse shared joint legal custody over their two minor children since divorcing in 2015. Beland, with the assistance of his counsel, Kyte, filed an ex parte motion for a temporary restraining order along with a complaint seeking injunctive relief against Danel to stop dental services from being provided to Beland’s children. The complaint also sought full disclosure of the children’s dental records for services already received. The district court denied Beland’s request for a temporary restraining order and injunctive relief, and granted Danel’s motion for sanctions, finding that Beland and Kyte’s commencement of litigation was done for the improper purpose of exercising control over Beland’s former spouse’s decisions, and usurping Minnesota family court proceedings in violation of N.D.R.Civ.P. 11(b)(1). The court also found Beland’s claims lacked evidentiary support in violation of N.D.R.Civ.P. 11(b)(3). The court noted that N.D.R.Civ.P. 11(b)(2) was not violated because Beland and Kyte’s request for dental records had merit. After review of the district court decision, the North Dakota Supreme Court found no reversible error and affirmed. View "Beland, et al. v. Danel, et al." on Justia Law

Lee Queen appealed a judgment awarding him and Kimber Martel equal residential responsibility of their minor child and ordering child support. Queen argued he should have been awarded primary residential responsibility and the district court erred in calculating his child support obligation. After review, the North Dakota Supreme Court concluded the district court failed to make sufficient findings of fact under best interests factor (j). The Supreme Court retained jurisdiction and remanded for further proceedings. View "Queen v. Martel, et al." on Justia Law

Amy Winterfeldt appealed the denial of her request for primary residential responsibility and the granting of Bruce Gomm’s motion for modification of parenting time. Winterfeldt also filed a motion to dismiss this appeal and vacate the underlying proceedings, arguing the district court and the North Dakota Supreme Court lacked subject matter jurisdiction because Gomm failed to properly register the existing foreign orders in North Dakota. The North Dakota Supreme Court denied the motion to dismiss and affirmed the district court. View "Gomm v. Winterfeldt, et al." on Justia Law

Shelby Finnson appealed a judgment awarding primary residential responsibility of the parties’ minor child to Jacob Kershaw. She claimed the district court’s findings were unsupported by the record; the court’s parenting time decision was unreasoned; the court erred when it allowed Kershaw to call an undisclosed witness for purposes of rebuttal; and the presiding judge erred because he failed to certify himself as familiar with the record. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment. View "Kershaw v. Finnson, et al." on Justia Law

Angela Hansen appealed orders denying her motion for an order to show cause and her demand for a change of judge. Hansen was subject to a standing order prohibiting her from filing new motions without permission of court. Hansen and Shannon Dieterle married in 2009 and have one child. The parties divorced in 2012. Following the parties’ divorce, Hansen filed several motions primarily related to the district court’s decisions on residential responsibility and parenting time. The court entered a standing order in April 2016 prohibiting Hansen from “filing any claim, motion, or document in Sheridan County, or in any other county, related to the issues of primary residential responsibility and/or parenting time regarding [the child], without first obtaining permission from the district court of the county in which she is attempting to file.” The court entered the order due to the frivolous and duplicative nature of Hansen’s motions. The North Dakota Supreme Court treated the district court’s orders as ones denying Hansen permission to file new motions. The Court found orders denying permission to file were not appealable; therefore, that part of the appeal was dismissed. Hansen also appealed the award of sanctions for violation of the standing order, and rejecting her demand for change of judge. On those issues, the Supreme Court affirmed. View "Dieterle v. Dieterle n/k/a Hansen, et al." on Justia Law

Nicki Erickson appealed a judgment awarding her and Tim Faber equal residential responsibility of their three children. Erickson argued the district court clearly erred by awarding the parties equal residential responsibility of the children, and erred in determining the parties’ two youngest children were of sufficient age and maturity to testify about their preferences relating to residential responsibility. After review of the trial court record, the North Dakota Supreme Court concluded the district court did not err by allowing the children to testify on their preferences; however, the court erred by awarding Erickson and Faber equal residential responsibility of their oldest child. View "Ex rel. Erickson v. Faber" on Justia Law

Tim Hamburger appealed an order denying his motions for relief from the divorce judgment and to amend his motion for relief. He argued the district court erred by finding there was no agreement or acquiescence to a change of residential responsibility, denying him an award of child support, denying him an evidentiary hearing, and failing to award him attorney’s fees. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment. View "Hamburger v. Hamburger" on Justia Law

Connie and Kevin Sailer are the paternal grandparents of E.D.S. and E.R.S. Justin and Natasha Sailer are the children’s parents. When the parents divorced, they stipulated that Natasha would have primary residential responsibility of the children, with Justin having parenting time until 2022. After 2022, the judgment provides the parties share residential responsibility if Justin has no alcohol-related incidents. In July 2020, an altercation occurred between the grandparents and the parents. While the parties differed in their accounts of what occurred, it was undisputed that the children witnessed the altercation. The children have not had contact with their grandparents since the altercation, apart from the grandparents having attended some of the children’s sporting events. The grandparents filed a petition for nonparent visitation, which was opposed by Natasha Sailer. The district court dismissed the grandparents’ petition for failure to plead a prima facie case, finding they did not plead sufficient facts to establish that they have a substantial relationship with the children or that denial of visitation would result in harm to the children. The grandparents appeal the court’s order dismissing their petition. Finding no reversible error in dismissing the petition, the North Dakota Supreme Court affirmed the district court. View "Sailer, et al. v. Sailer, et al." on Justia Law