Hilgers v. Hilgers
Brenda M. Hilgers, Plaintiff and Appellee
Douglas G. Hilgers, Defendant and Appellant
North Central Judicial District,
Judge Gerald H. Rustad
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2002  Argument: 09/17/2002 10:45am|
|ND cite:||2002 ND 173|
653 N.W.2d 79
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.A. Is the courts repeated denial to appoint a Guardian Ad Litem, to represent the minor child's rights in custody and visitation,in error based inthe facts of the case and the law?
B.Without the representation of a guardian ad litem for the minor child's rights and interests in visitaion and custody,are subsequent actions of the trial court that deprive him of these rights,voided ?
2.A.Is the trial courts refusal to modify the visitaion order void due to 1.A,1B.
2.B.Did the Trial Court error in determining that Doug's rights and interests in reasonable visitation,with his minor children,should be compromised and restricted, with denials of multiple petitions, based in res judicata or without a any explanation,what so ever and in ignoring relevant North Dakota statute,case law and the constitutional rights of the parties?
3A Did the trial Court error in failing to award custody to Doug,of the minor Son,Birch.
B.Did the trial court error in ignoring the emergency petition for temporary custody change,upon the abandonment of the minor child?.
C.Did the Trial Court misstate the facts and testimony to justify It's findings,denying a change of custody?
D..Did the trial Court ignore statutory definitions of abuse,neglect, and abandonment,without even mention of abandonment of the minor child, in it's findings?
4.A.Does the trial court error in finding contempt ,upon the facts of the case? A,1 Re: "intentional" re: Merts;re Blaesing? 2.Re;facts of the case(see motion and exhibits)D# 153,153,motion and exibits? 3.Re: the misconduct of the unethical attorney ?
B.Does the Trial Court, in the Order abrogate the rights of the minor child's visitation,without representation or, court ordered ,intervention.?
C.Does the trial Court error by not fulfilling the requirements of Rule 8.2 and 27-10 re; notice,live testimony,hearing.in the ensueing siting and sanctioning process?
D.Is the courts contempt order sufficiently clear to determine the type of contempt sufficiently to state a defence?( because procedure was not followed ,how to determine?
E.Was the remedial element,even if contempt was established,to severe; so severe as to constitute the double jeopardy prohibition of punitive/ criminal sanctions( criminal charges were pressed)
F,Is the sanction so severe as to constitute cruel and unreasonable punishment?
G.Does the use of this sanction violate the statutory and constitutional safe guards intended to protect parental and child's rights?
5.A.Does the trial court error,upon the review of the support order,April18,2001,affecting arrears only to back to December 31,2000?
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|1||08/27/2001||NOTICE OF APPEAL: 08/24/2001|
|2||08/27/2001||PETITION IN FORMA PAUPERIS TO WAIVE FILING FEE|
|3||08/29/2001||ACTION BY SUPREME COURT (re waiver of filing fee). Denied|
|4||09/19/2001||Copy of letter from Michel Levitt to Doug Hilgers dated 9-17-01 RE: estimated cost of transcript|
|5||09/27/2001||RECORD ON APPEAL (includes exhibits)|
|6||10/03/2001||MOTION TO USE THE STATEMENT OF THE CASE IN LIEU OF TRANSCRIPT|
|7||10/05/2001||ACTION BY CHIEF JUSTICE (MOT/Statement of Case in Lieu of Transcript). Denied|
|8||10/11/2001||MOT. EXT/TIME TRANSCRIPT AND AFFIDAVIT IN SUPPORT|
|9||10/11/2001||ACTION BY CLERK. Granted: 11/10/2001|
|10||11/01/2001||Copy of undated letter from Doug Hilgers to Michael Levitt re: payment of $450 towards trans. amt.|
|11||11/06/2001||Letter dated November 2, 2001 from Mike Levitt acknowledging payment of transcript cost|
|12||11/08/2001||MOT. EXT/TIME TRANSCRIPT (see Mr. Hilgers letter dated 11/6/2001)|
|13||11/08/2001||ACTION BY CLERK (MTR). Granted: 12/26/2001|
|14||11/19/2001||Ltr. dtd. 11-19-01 from Mr. McIntee stating he is not being served w/documents by Mr. Hilgers.|
|15||12/03/2001||Clerk's Supp. Cert. of ROA dated November 30, 2001, with entries 162-175 attached|
|16||12/14/2001||MOTION FOR STAY OF EX-PARTE ORDER PENDING APPEAL, Affidavit in Support of Action & Brief in Support|
|17||12/14/2001||of Motion with attached exhibits|
|18||12/19/2001||ACTION BY SUPREME COURT (MOT/stay). Denied|
|19||12/19/2001||Order Mailed to Parties|
|20||12/27/2001||MOT. EXT/TIME TRANSCRIPT (Mike Levitt)|
|21||12/27/2001||ACTION BY CHIEF JUSTICE. Granted: 01/25/2002|
|22||03/14/2002||MOT. EXT/TIME TRANSCRIPT (Letter from Michael Levitt dated 3-11-02)|
|23||03/14/2002||ACTION BY CHIEF JUSTICE. Granted: 03/22/2002|
|24||03/14/2002||Letter from Doug Hilgers dated 3-10-02 RE: Transcript matters|
|25||03/14/2002||Ltr from Doug Hilgers dated 3-10-02 RE: Copies of ROA documents|
|26||03/25/2002||Letter from Doug Hilgers dated 3-21-02 RE: copies of documents and payment|
|27||04/05/2002||MOTION FOR INJUNCTIVE RELIEF, Affidavit in Support, Brief in Support & attachments (bound together)|
|28||04/08/2002||Cy of ltr from Michael D. Levitt to Doug Hilgers re transcript|
|29||04/10/2002||ACTION BY SUPREME COURT (Mot for Injunctive Relief). Denied|
|30||04/10/2002||Order/Judgment Mailed to Parties|
|31||04/11/2002||Letter dated 4-10-02 from Michael S. McIntee informing us he will no longer be involved in this|
|32||04/11/2002||case - as soon as new counsel is obtained, he will send substitution of new counsel notification)|
|33||04/15/2002||TRANSCRIPT DATED 4-18-01 & 7-13-01|
|34||04/17/2002||Letter from Doug Hilgers dated 4-14-02 RE: No transcript available|
|35||04/26/2002||DISK - TRA dated 4-18-01 & 7-13-01|
|36||04/26/2002||Copy of letter from Judge Holte to Mr. Hilgers dated 4-26-02|
|37||04/26/2002||Letter dated 4-23-02 from Mr. Hilgers RE: Objection to late filed Transcript|
|38||05/17/2002||MOT. EXT/TIME APPELLANT BRIEF|
|39||05/17/2002||MOTION TO PERMIT AN EXTENDED BRIEF (Part of the Mot. Ext/Time Appellant Brief)|
|40||05/17/2002||ACTION BY CLERK (Mot. ext/ time Appellant Brief). Granted: 06/24/2002|
|41||05/17/2002||NO ACTION TAKEN (Mot to permit extended brief)|
|42||05/20/2002||Copy of Order Denying Motion for Correction and Modification of the Record issued by Judge Rustad|
|43||06/03/2002||Second Supplemental Clerk's Certificate dated 5-30-02 (Entry Nos. 176-202)|
|44||06/13/2002||The Appellants's Motion to Objection to the Order Denying Correction of the Record, Notice of|
|45||06/13/2002||Motion and Affidvit of Service, Appellant's Affidavit in Support of Objection/Motion, Appellant's|
|46||06/13/2002||Brief in Support|
|47||06/19/2002||MOT. EXT/TIME APPELLANT BRIEF (E-Mail)|
|48||06/20/2002||ACTION BY CHIEF JUSTICE. Granted: 07/12/2002|
|49||06/21/2002||Original of MAT (e-mail w/ signature)|
|50||06/27/2002||7 copies of Appellant's Motion to Objection to Order Denying Correction of the Record|
|52||07/15/2002||DISK - ATB|
|53||07/25/2002||MOTION to waive filing of the Appellant's Appendix (in letter form)|
|54||07/25/2002||ACTION BY SUPREME COURT (Mot to waive ATA). Denied|
|56||08/22/2002||DISK NONCOMPLIANCE (AEB) (Scanned)|
|58||08/23/2002||Appendix to Reply Brief - was attached to brief|
|59||08/23/2002||DISK - RYB|
|60||08/26/2002||Letter dated 8-13-02 from Doug Hilgers|
|62||09/03/2002||Appellant's Motion to Review and Set Aside the Clerk's Orders and to Rule on the Procedural Issues|
|63||09/04/2002||ACTION BY SUPREME COURT. Denied|
|64||09/17/2002||APPEARANCES: Douglas G. Hilgers; Brenda M. Hilgers|
|65||09/17/2002||ARGUED: Douglas G. Hilgers; Brenda M. Hilgers|
|66||09/17/2002||ORAL ARGUMENT WEBCAST|
|67||09/18/2002||Renewed Motion regarding an interim finding on the contempt issue (via phone call)|
|68||09/18/2002||ACTION BY SUPREME COURT (Renewed motion). Denied|
|69||11/05/2002||ACTION BY SUPREME COURT (6/13/02 MOT regarding correction or modification of record; see opinion). Denied|
|70||11/05/2002||DISPOSITION (and Remanded w/instructions): AFFIRMED/PT, REVERSED/PT|
|71||11/05/2002||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|72||11/05/2002||At the direction of the Court no costs will be taxed in this appeal|
|73||11/15/2002||PETITION FOR REHEARING|
|74||11/18/2002||DISK - PER|
|75||11/20/2002||Copies of PETITION FOR REHEARING received|
|76||11/21/2002||Copies of Petition for Rehearing received|
|77||12/04/2002||ACTION BY SUPREME COURT (PER). Denied|
|79||01/09/2008||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|80||01/09/2008||EXPUNGED - Nonpermanent record items destroyed|