Hilgers v. Hilgers

20010208 Brenda M. Hilgers, Plaintiff and Appellee
v.
Douglas G. Hilgers, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gerald H. Rustad
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Pro se
Appellee: Pro se
Term: 09/2002   Argument: 09/17/2002  10:45am
ND cite: 2002 ND 173
NW cite: 653 N.W.2d 79

Listen to recording of oral argument in MP3 format

Issues: 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 Add Docket 20010208 RSS

Docket entries:
108/27/2001 NOTICE OF APPEAL: 08/24/2001
208/27/2001 PETITION IN FORMA PAUPERIS TO WAIVE FILING FEE
308/29/2001 ACTION BY SUPREME COURT (re waiver of filing fee). Denied
409/19/2001 Copy of letter from Michel Levitt to Doug Hilgers dated 9-17-01 RE: estimated cost of transcript
509/27/2001 RECORD ON APPEAL (includes exhibits)
610/03/2001 MOTION TO USE THE STATEMENT OF THE CASE IN LIEU OF TRANSCRIPT
710/05/2001 ACTION BY CHIEF JUSTICE (MOT/Statement of Case in Lieu of Transcript). Denied
810/11/2001 MOT. EXT/TIME TRANSCRIPT AND AFFIDAVIT IN SUPPORT
910/11/2001 ACTION BY CLERK. Granted: 11/10/2001
1011/01/2001 Copy of undated letter from Doug Hilgers to Michael Levitt re: payment of $450 towards trans. amt.
1111/06/2001 Letter dated November 2, 2001 from Mike Levitt acknowledging payment of transcript cost
1211/08/2001 MOT. EXT/TIME TRANSCRIPT (see Mr. Hilgers letter dated 11/6/2001)
1311/08/2001 ACTION BY CLERK (MTR). Granted: 12/26/2001
1411/19/2001 Ltr. dtd. 11-19-01 from Mr. McIntee stating he is not being served w/documents by Mr. Hilgers.
1512/03/2001 Clerk's Supp. Cert. of ROA dated November 30, 2001, with entries 162-175 attached
1612/14/2001 MOTION FOR STAY OF EX-PARTE ORDER PENDING APPEAL, Affidavit in Support of Action & Brief in Support
1712/14/2001 of Motion with attached exhibits
1812/19/2001 ACTION BY SUPREME COURT (MOT/stay). Denied
1912/19/2001 Order Mailed to Parties
2012/27/2001 MOT. EXT/TIME TRANSCRIPT (Mike Levitt)
2112/27/2001 ACTION BY CHIEF JUSTICE. Granted: 01/25/2002
2203/14/2002 MOT. EXT/TIME TRANSCRIPT (Letter from Michael Levitt dated 3-11-02)
2303/14/2002 ACTION BY CHIEF JUSTICE. Granted: 03/22/2002
2403/14/2002 Letter from Doug Hilgers dated 3-10-02 RE: Transcript matters
2503/14/2002 Ltr from Doug Hilgers dated 3-10-02 RE: Copies of ROA documents
2603/25/2002 Letter from Doug Hilgers dated 3-21-02 RE: copies of documents and payment
2704/05/2002 MOTION FOR INJUNCTIVE RELIEF, Affidavit in Support, Brief in Support & attachments (bound together)
2804/08/2002 Cy of ltr from Michael D. Levitt to Doug Hilgers re transcript
2904/10/2002 ACTION BY SUPREME COURT (Mot for Injunctive Relief). Denied
3004/10/2002 Order/Judgment Mailed to Parties
3104/11/2002 Letter dated 4-10-02 from Michael S. McIntee informing us he will no longer be involved in this
3204/11/2002 case - as soon as new counsel is obtained, he will send substitution of new counsel notification)
3304/15/2002 TRANSCRIPT DATED 4-18-01 & 7-13-01
3404/17/2002 Letter from Doug Hilgers dated 4-14-02 RE: No transcript available
3504/26/2002 DISK - TRA dated 4-18-01 & 7-13-01
3604/26/2002 Copy of letter from Judge Holte to Mr. Hilgers dated 4-26-02
3704/26/2002 Letter dated 4-23-02 from Mr. Hilgers RE: Objection to late filed Transcript
3805/17/2002 MOT. EXT/TIME APPELLANT BRIEF
3905/17/2002 MOTION TO PERMIT AN EXTENDED BRIEF (Part of the Mot. Ext/Time Appellant Brief)
4005/17/2002 ACTION BY CLERK (Mot. ext/ time Appellant Brief). Granted: 06/24/2002
4105/17/2002 NO ACTION TAKEN (Mot to permit extended brief)
4205/20/2002 Copy of Order Denying Motion for Correction and Modification of the Record issued by Judge Rustad
4306/03/2002 Second Supplemental Clerk's Certificate dated 5-30-02 (Entry Nos. 176-202)
4406/13/2002 The Appellants's Motion to Objection to the Order Denying Correction of the Record, Notice of
4506/13/2002 Motion and Affidvit of Service, Appellant's Affidavit in Support of Objection/Motion, Appellant's
4606/13/2002 Brief in Support
4706/19/2002 MOT. EXT/TIME APPELLANT BRIEF (E-Mail)
4806/20/2002 ACTION BY CHIEF JUSTICE. Granted: 07/12/2002
4906/21/2002 Original of MAT (e-mail w/ signature)
5006/27/2002 7 copies of Appellant's Motion to Objection to Order Denying Correction of the Record
5107/12/2002 APPELLANT BRIEF
5207/15/2002 DISK - ATB
5307/25/2002 MOTION to waive filing of the Appellant's Appendix (in letter form)
5407/25/2002 ACTION BY SUPREME COURT (Mot to waive ATA). Denied
5508/06/2002 APPELLEE BRIEF
5608/22/2002 DISK NONCOMPLIANCE (AEB) (Scanned)
5708/23/2002 REPLY BRIEF
5808/23/2002 Appendix to Reply Brief - was attached to brief
5908/23/2002 DISK - RYB
6008/26/2002 Letter dated 8-13-02 from Doug Hilgers
6108/28/2002 APPELLANT APPENDIX
6209/03/2002 Appellant's Motion to Review and Set Aside the Clerk's Orders and to Rule on the Procedural Issues
6309/04/2002 ACTION BY SUPREME COURT. Denied
6409/17/2002 APPEARANCES: Douglas G. Hilgers; Brenda M. Hilgers
6509/17/2002 ARGUED: Douglas G. Hilgers; Brenda M. Hilgers
6609/17/2002 ORAL ARGUMENT WEBCAST
6709/18/2002 Renewed Motion regarding an interim finding on the contempt issue (via phone call)
6809/18/2002 ACTION BY SUPREME COURT (Renewed motion). Denied
6911/05/2002 ACTION BY SUPREME COURT (6/13/02 MOT regarding correction or modification of record; see opinion). Denied
7011/05/2002 DISPOSITION (and Remanded w/instructions): AFFIRMED/PT, REVERSED/PT
7111/05/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
7211/05/2002 At the direction of the Court no costs will be taxed in this appeal
7311/15/2002 PETITION FOR REHEARING
7411/18/2002 DISK - PER
7511/20/2002 Copies of PETITION FOR REHEARING received
7611/21/2002 Copies of Petition for Rehearing received
7712/04/2002 ACTION BY SUPREME COURT (PER). Denied
7812/19/2002 MANDATE
7901/09/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
8001/09/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/19/2014