Selzler v. Selzler

20000247 Shari Selzler, Plaintiff and Appellant
v.
Terry Selzler, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Pierce County
Judge Laurie A. Fontaine
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellee: McIntee Law Firm
Appellant: Boughey Law Firm
Term: 04/2001   Argument: 04/25/2001  2:45pm
ND cite: 2001 ND 138
NW cite: 631 N.W.2d 564

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Issues: Appellant's Statement of the Issues:
1. Whether the lower court erred in accepting the guardian ad litem's report in that the guardian ad litem (serving as a custody investigator) did not meet the minimum requirements required by law or in the alternative sufficient qualifications given the nature of the case.
2. Whether the lower court erred in allowing the guardian ad litem (serving as a custody investigator) to be excused from the court proceedings and not requiring her to be present throughout the hearing as required by law.
3. Whether the lower court erred in relying on hearsay information relating to sexual abuse risk factors supplied by the unqualified guardian ad litem (serving as a custody investigator) and rejecting the contrary evidence of the only witness qualified to provide such expert information.
4. Whether the lower court erred in reference to how it handled the prior finding of fact that Terry had committed four separate incidents of sexual abuse on his adopted daughter, Tasha.
5. Whether the lower court erred in awarding custody to Terry.
6. Whether this matter should be remanded to the lower court for additional evidence.
7. Whether this matter should be remanded to the lower court for a new hearing.

Appellee's Statement of the Issues:
1. Did the trial court err in accepting the guardian ad litem's report?
2. Did the trial court err in allowing the guardian ad litem (custody investigator) to be excused from the court proceedings and not requiring her to be present throughout the hearing as required by law?
3. Did the trial court err in relying on the custody investigator compared to the social worker in control of Ms. Selzler's contract?
4. Did the trial court err in reference to how it handled the prior allegations of sexual abuse?
5. Did the trial court err in awarding custody to Terry?
6. Whether this matter should be remanded for additional evidence and hearing?

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Docket entries:
108/31/2000 NOTICE OF APPEAL: 08/30/2000
208/31/2000 ORDER FOR TRANSCRIPT: 08/30/2000
309/14/2000 Request for advance payment of transcript
410/02/2000 RECORD ON APPEAL
510/17/2000 TRANSCRIPT COMMENCING MARCH 23, 2000 (3 VOLUMES)
610/18/2000 DISK - TRA commencing 3-23-00 (3 disks)
711/20/2000 MOT. EXT/TIME APPELLANT BRIEF
811/20/2000 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/21/2000
911/22/2000 Certificate of Service for TRA
1012/12/2000 MOT. EXT/TIME APPELLANT BRIEF
1112/13/2000 Oppostion to Motion to extend Time to File Appellant Brief (fax)
1212/13/2000 ACTION BY CHIEF JUSTICE. Granted: 01/10/2001
1312/14/2000 Opposition to Motion to extend Time to File Appellant Brief (original)
1401/10/2001 APPELLANT BRIEF
1501/10/2001 APPELLANT APPENDIX
1601/11/2001 Lynn M. Boughey is Substitute for Faron Terry as Counsel for Appellant effective 1-10-01
1701/15/2001 Aff. of Service of ATB received
1801/15/2001 MOTION to extend word length for Appellant's Brief (letter form)
1901/15/2001 ACTION BY SUPREME COURT (GWV). Granted
2001/15/2001 Per ltr. of 01-13-01 from Lynn Boughey Appellant's Appendix pages are mis-numbered and there are
2101/15/2001 no missing pages 43-49 and 98-99.
2202/07/2001 MOT. EXT/TIME APPELLEE BRIEF
2302/07/2001 ACTION BY CLERK (MAE). Granted: 03/02/2001
2402/08/2001 MOTION FOR CORRECT OR MODIFY RECORD
2502/09/2001 NO ACTION TAKEN
2602/26/2001 Copy of letter dated 2-22-01, fm Judge Laurie A. Fontaine to Carla Marks regarding Order Granting
2702/26/2001 Motion to Modify or Correct Record
2802/27/2001 Supplemental Clerk's Certificate dated 2-26-01 (Entry Nos. 110-117 & misc. correspondence - 3 ltrs)
2903/01/2001 APPELLEE BRIEF
3003/01/2001 APPELLEE APPENDIX
3103/02/2001 DISK - AEB
3203/29/2001 8 copies of missing pages for ATA
3304/04/2001 DISK - ATB
3404/25/2001 APPEARANCES: Lynn M. Boughey,Shari Selzler; Michael S. McIntee, Terry Selzler
3504/25/2001 ARGUED: Boughey; McIntee (Vol. X; page 128)
3604/25/2001 ORAL ARGUMENT WEBCAST
3707/20/2001 DISPOSITION: AFFIRMED
3807/20/2001 UNANIMOUS OPINION: Neumann, William A.
3907/20/2001 Costs on appeal taxed in favor of appellee
4007/23/2001 Order/Judgment Mailed to Parties
4107/23/2001 Letter dated 7-21-01 from Lynn M. Boughey
4208/29/2001 MOTION FOR SUBSTITUTE PAGE 2 OF THE OPINION (SUA SPONTE)
4308/29/2001 ACTION BY SUPREME COURT (substitute page 2 of the opinion). Granted
4408/29/2001 Corrected/Substitute Opinion Page 2
4508/30/2001 Order for New Page Mailed to Parties, publishers
4609/04/2001 MANDATE
4709/19/2001 Corrected/Substitute Opinion Page (page 7, para. 21, last line on page)
4809/20/2001 Order/Judgment Mailed to Parties (corrected opinion page 7)
4909/12/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5006/28/2007 EXPUNGED - Nonpermanent record items destroyed

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