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|
|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)|
|10||11/22/2004 E-FILED MOTION|
|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|
|14||11/30/2004 APPELLANT BRIEF|
|15||12/01/2004 DISK (ATB)|
|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)|
|21||01/07/2005 E-FILED MOTION|
|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)|
|29||01/25/2005 REPLY BRIEF|
|30||01/26/2005 DISK - RYB|
|31||02/02/2005 JOINT APPENDIX|
|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|