Paulson v. Paulson
Lisa Barnhart Paulson, Plaintiff and Appellant
Benjamin B. Paulson, Defendant and Appellee
Southwest Judicial District,
Judge Allan L. Schmalenberger
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||02/2005  Argument: 02/07/2005 2:45pm|
|ND cite:||2005 ND 72|
694 N.W.2d 681
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Did the Trial Court err by allowing the Custody Investigator to act as Guardian ad Litem, and vice versa, resulting in the Custody investigator acting as the child's legal advocate and the Guardian ad Litem testifying, both in violation of the Rules of Court.
II.Did the Trial Court err in issuing findings of fact based on information which was not in evidence?
III.Did the Trial Court err in denying a request for continuance based on evidence discovered two business days before trial that the independent court appointed psychologist is also Beni's treating psychologist?
IV.Did the Trial Court err by delegating its duty to determine visitation to a psychologist?
Appellee's Statement of the Issues:
I. Did the Trial Court's appointment of a Custody Investigator and subsequent modification of that appointment, upon agreement of Counsel, to enable the same person to also act as Guardian ad Litem constitute reversible error?
II. Were the Trial Court's Findings of Fact supported by the Record?
III. Was the Trial Court's denial of a Request For Continuance supported by the Record and thereby not an abuse of discretion?
IV. Was the Trial Court's determination of visitation and such terms as to protect the best interests of the minor child supported by the Record and thereby not an abuse of discretion?
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|1||08/27/2004||NOTICE OF APPEAL: 08/24/2004|
|2||08/27/2004||ORDER FOR TRANSCRIPT: 08/24/2004|
|3||09/20/2004||RECORD ON APPEAL (5 Volumes) including separate transcript of Hearing Transcript Re: Bowman County|
|4||10/13/2004||MOT. EXT/TIME TRANSCRIPT|
|5||10/13/2004||ACTION BY TRIAL COURT. Granted: 10/16/2004|
|6||10/14/2004||Supplemental Clerk's Certificate dated 10-13-04 (Entry 107)|
|7||10/15/2004||TRANSCRIPT DATED June 29, 2004|
|8||10/18/2004||DISK - tra (6-29-04)|
|9||11/22/2004||APPELLANT'S MOTION TO SUBMIT DEFERRED JOINT APPENDIX (faxed)|
|11||11/23/2004||Original Appellant's Motion to Submit Deferred Joint Appendix|
|12||11/23/2004||ACTION BY CLERK (Mot./Deferred Appendix; above is an approx. due date). Granted: 01/18/2005|
|13||11/23/2004||Addendum to Brief of Plaintiff-Appellant|
|16||12/16/2004||MOT. EXT/TIME APPELLEE BRIEF|
|17||12/16/2004||ACTION BY CLERK (mae). Granted: 01/15/2005|
|18||12/17/2004||Second Supplemental Clerk's Certificate of Record with entries 108-109 & misc. correspondence|
|19||01/07/2005||APPELLANT'S MOTION RE ORAL ARGUMENT AND JUVENILE FILE AND BRIEF IN SUPPORT; AFFIDAVIT OF|
|20||01/07/2005||VALESKA A. HERMANSON, W/ATTACHMENTS, NOTICE OF MOTION (faxed)|
|22||01/10/2005||ACTION BY CHIEF JUSTICE (AT's Motion re OA). Denied|
|23||01/10/2005||Appellant's Motion re OA, Affidavit in Support, w/attachments, Notice of Motion (originals)|
|24||01/12/2005||APPELLEE BRIEF (Guardian ad Litem)|
|25||01/13/2005||DISK - AE1 (Guardian ad Litem)|
|26||01/13/2005||APPELLEE BRIEF (Benjamin B. Paulson)|
|27||01/14/2005||DISK - AE2 (Benjamin B. Paulson)|
|28||01/14/2005||Record in Kuntz v. C.P., et al. (Bowman Co. Case 04-R-00004)|
|30||01/26/2005||DISK - RYB|
|32||02/07/2005||APPEARANCES: Valeska A. Hermanson; Ronald A. Reichert; Sandra K. Kuntz|
|33||02/07/2005||ARGUED: Hermanson; Reichert; Kuntz (Vol. Z; Page 80)|
|34||02/07/2005||ORAL ARGUMENT WEBCAST|
|35||04/06/2005||DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT|
|36||04/06/2005||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|37||04/06/2005||At the direction of the Court there will be no costs to either party|
|38||04/07/2005||Order/Judgment Mailed to Parties|
|40||05/03/2005||RECEIPT SIGNED BY DUNN DISTRICT COURT CLERK'S OFFICE|
|41||07/08/2005||RECEIPT SIGNED BY BOWMAN DISTRICT COURT CLERK'S OFFICE|
|42||10/31/2011||EXPUNGED - Nonpermanent record items destroyed|