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|
|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?
|Add Docket 20010208 RSS|
|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|
|51||07/12/2002 APPELLANT BRIEF|
|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|
|55||08/06/2002 APPELLEE BRIEF|
|56||08/22/2002 DISK NONCOMPLIANCE (AEB) (Scanned)|
|57||08/23/2002 REPLY BRIEF|
|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|
|61||08/28/2002 APPELLANT APPENDIX|
|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|