Hentz v. Hentz
Tiffani Hentz, n/k/a
Tiffani Milligan, Plaintiff and Appellant
Rory Hentz, Defendant and Appellee
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||01/2001  Argument: 01/16/2001|
|ND cite:||2001 ND 69|
624 N.W.2d 694
Listen to recording of oral argument in MP3 format
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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|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|
|25||05/17/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||06/28/2007 EXPUNGED - Nonpermanent record items destroyed|