Hentz v. Hentz
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| 20000239 |
Tiffani Hentz, n/k/a
Tiffani Milligan, Plaintiff and Appellant
v.
Rory Hentz, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2001 Argument: 01/16/2001 01:30pm
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| ND cite: |
2001 ND 69
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| NW cite: |
624 N.W.2d 694
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the trial court's denial of move on grounds that it was not in the child's best interests was clearly erroneous.
Appellee's Statement of the Issues:
I. The trial court's denial of Ms. Milligan's proposed change of residence is properly supported and not clearly erroneous.
A. Standard of review.
B. Findings the court actually reviews.
C. The trial court properly considered the four factors required for determination of the best interests of Rory Hentz's child.
1. The integrity of the custodial parent's move for
relocation.
2. Realistic opportunities for visitation to adequately preserve and foster the non-custodial parent's relationship and the likelihood that each parent will comply with visitation.
3. Integrity of non-custodial parent's motive for opposing the move.
4. Prospective advantages of the move in approving the custodial parent and the child's quality of life.
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 Add Docket 20000239 RSS
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| 1 | | 08/23/2000 | |
NOTICE OF APPEAL: 08/21/2000 |
| 2 | | 08/23/2000 | |
ORDER FOR TRANSCRIPT (Jane Gillig-Hoekstra): 08/21/2000 |
| 3 | | 08/23/2000 | |
RETENTION OF RECORD ON APPEAL: 10/10/2000 |
| 4 | | 10/05/2000 | |
TRANSCRIPT DATED 5-15-00 |
| 5 | | 10/06/2000 | |
DISK - TRA |
| 6 | | 10/10/2000 | |
RECORD ON APPEAL (2 vols.), Exhibits, & Transcripts dated 9-15-98 & 8-11-99 (Not rec'd: #41-Trans. |
| 7 | | 10/10/2000 | |
dated 6-3-98; #60-Deposition of Tiffani Hentz, returned to counsel; & #61-Plaintiff's Exh.1-5 & |
| 8 | | 10/10/2000 | |
Defendant's Exhs. 6-17, which were returned to counsel) |
| 9 | | 11/13/2000 | |
APPELLANT BRIEF |
| 10 | | 11/13/2000 | |
APPELLANT APPENDIX |
| 11 | | 11/13/2000 | |
DISK - atb |
| 12 | | 12/13/2000 | |
APPELLEE BRIEF |
| 13 | | 12/13/2000 | |
APPELLEE APPENDIX |
| 14 | | 12/13/2000 | |
DISK - AEB (unable to open - emailed) |
| 15 | | 12/27/2000 | |
REPLY BRIEF |
| 16 | | 12/28/2000 | |
DISK - RYB |
| 17 | | 01/16/2001 | |
APPEARANCES: Daniel H. Oster; Timothy J. Wahlin |
| 18 | | 01/16/2001 | |
ARGUED: Oster; Wahlin (Vol. X; page 102) |
| 19 | | 01/16/2001 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 04/12/2001 | |
DISPOSITION: AFFIRMED |
| 21 | | 04/12/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 22 | | 04/12/2001 | |
Costs on appeal taxed in favor of Appellee |
| 23 | | 04/13/2001 | |
Order/Judgment Mailed to Parties |
| 24 | | 05/15/2001 | |
MANDATE |
| 25 | | 05/17/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 06/28/2007 | |
EXPUNGED - Nonpermanent record items destroyed |