Paulson v. Paulson

20040242 Lisa Barnhart Paulson, Plaintiff and Appellant
v.
Benjamin B. Paulson, Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Dunn County
Judge Allan L. Schmalenberger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: McKennett Forsberg Voll & Gjovig, P.C.
Appellee: #Reichert, Herauf & Buresh, P.C.
Guard. ad litem: Sandra Kay Kuntz
Term: 02/2005   Argument: 02/07/2005  2:45pm
ND cite: 2005 ND 72
NW cite: 694 N.W.2d 681

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
108/27/2004 NOTICE OF APPEAL: 08/24/2004
208/27/2004 ORDER FOR TRANSCRIPT: 08/24/2004
309/20/2004 RECORD ON APPEAL (5 Volumes) including separate transcript of Hearing Transcript Re: Bowman County
410/13/2004 MOT. EXT/TIME TRANSCRIPT
510/13/2004 ACTION BY TRIAL COURT. Granted: 10/16/2004
610/14/2004 Supplemental Clerk's Certificate dated 10-13-04 (Entry 107)
710/15/2004 TRANSCRIPT DATED June 29, 2004
810/18/2004 DISK - tra (6-29-04)
911/22/2004 APPELLANT'S MOTION TO SUBMIT DEFERRED JOINT APPENDIX (faxed)
1011/22/2004 E-FILED MOTION
1111/23/2004 Original Appellant's Motion to Submit Deferred Joint Appendix
1211/23/2004 ACTION BY CLERK (Mot./Deferred Appendix; above is an approx. due date). Granted: 01/18/2005
1311/23/2004 Addendum to Brief of Plaintiff-Appellant
1411/30/2004 APPELLANT BRIEF
1512/01/2004 DISK (ATB)
1612/16/2004 MOT. EXT/TIME APPELLEE BRIEF
1712/16/2004 ACTION BY CLERK (mae). Granted: 01/15/2005
1812/17/2004 Second Supplemental Clerk's Certificate of Record with entries 108-109 & misc. correspondence
1901/07/2005 APPELLANT'S MOTION RE ORAL ARGUMENT AND JUVENILE FILE AND BRIEF IN SUPPORT; AFFIDAVIT OF
2001/07/2005 VALESKA A. HERMANSON, W/ATTACHMENTS, NOTICE OF MOTION (faxed)
2101/07/2005 E-FILED MOTION
2201/10/2005 ACTION BY CHIEF JUSTICE (AT's Motion re OA). Denied
2301/10/2005 Appellant's Motion re OA, Affidavit in Support, w/attachments, Notice of Motion (originals)
2401/12/2005 APPELLEE BRIEF (Guardian ad Litem)
2501/13/2005 DISK - AE1 (Guardian ad Litem)
2601/13/2005 APPELLEE BRIEF (Benjamin B. Paulson)
2701/14/2005 DISK - AE2 (Benjamin B. Paulson)
2801/14/2005 Record in Kuntz v. C.P., et al. (Bowman Co. Case 04-R-00004)
2901/25/2005 REPLY BRIEF
3001/26/2005 DISK - RYB
3102/02/2005 JOINT APPENDIX
3202/07/2005 APPEARANCES: Valeska A. Hermanson; Ronald A. Reichert; Sandra K. Kuntz
3302/07/2005 ARGUED: Hermanson; Reichert; Kuntz (Vol. Z; Page 80)
3402/07/2005 ORAL ARGUMENT WEBCAST
3504/06/2005 DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT
3604/06/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
3704/06/2005 At the direction of the Court there will be no costs to either party
3804/07/2005 Order/Judgment Mailed to Parties
3904/29/2005 MANDATE
4005/03/2005 RECEIPT SIGNED BY DUNN DISTRICT COURT CLERK'S OFFICE
4107/08/2005 RECEIPT SIGNED BY BOWMAN DISTRICT COURT CLERK'S OFFICE
4210/31/2011 EXPUNGED - Nonpermanent record items destroyed

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