Bladow v. Bladow

20040315 Wesley Charles Bladow, Plaintiff, Appellant
and Cross-Appellee
Kristine Gail Bladow,
formerly known as
Kristine Gail Berg, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, Southeast Judicial District, Richland County
Judge John T. Paulson
Nature of Action: Child Cust & Support (Div.\other)
Appellant: Samuel S. Johnson
Appellee: Tracey Rae Lindberg
Term: 06/2005   Argument: 06/30/2005
ND cite: 2005 ND 142
NW cite: 701 N.W.2d 903

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Where the parties' divorce decree provides for joint custody of their three children, and less than a year later Kristine made a motion to implement a specific exchange schedule for custodial exchanges, did the trial court erred as a matter of law in holding a modification of custody evidentiary hearing where (1) no prima facie finding was made and (2) there was no prima facie case established? (p. 21.)
2. Where the parties' divorce decree provides for joint custody of their three children, and less than a year later Kristine makes a motion to implement a specific exchange schedule for custodial exchanges, was the trial court clearly erroneous in modifying custody by awarding the parties split custody, where no statutory or exceptional circumstances were found? (p. 29.)

Appellee's Statement of the Issues:
A. Whether the trial court erred in issuing a custodial exchange order, and designating where the children were to attend school, when the issues were raised by both parties, and the issues tried with the consent of the parties.
B. Whether the District Court erred in continuing by formal order, the custodial arrangements that the parties had themselves implemented, even though that resulted in a split custodial situation, under the facts of this case.
C. Whether the District Court erred by determining Wesley to be in contempt of the Court order, and by assessing attorneys fees against him.
D. Whether the District Court erred by allowing Wesley to deduct claimed farming losses to reduce his income from Wilkin County for child support purposes.

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Docket entries:
111/08/2004 NOTICE OF APPEAL: 11/04/2004
211/08/2004 ORDER FOR TRANSCRIPT: 11/04/2004
311/18/2004 NOTICE OF CROSS APPEAL (Kristine Gail Berg)
412/03/2004 RECORD ON APPEAL (7 Volumes) including separate exhibits. Not sent were portions of No. 88
512/03/2004 (Plaintiff's Exh. 23 & 29 and Defendant's Exh. 1), No. 107 (Exhibits J, U, and V), No. 110
612/03/2004 (Exhibits TT, AAA and BBB)
812/21/2004 ACTION BY TRIAL COURT (MTR). Granted: 02/02/2005
1001/14/2005 ACTION BY CLERK. Granted: 03/02/2005
1103/02/2005 TRANSCRIPTS DATED 9-4-03; 9-9-03; 11-17-03; 1-20&21-04; & 2-5-04 (5 vols.)
1203/02/2005 DISK - TRA (e-mailed) (9-4-03; 9-9-03; 11-17-03; 1-20&21-04 & 2-5-04)
1303/18/2005 Supplemental Clerk's Certificate dated 3-17-05 (Entry Nos. 146-157)
1404/08/2005 Motion for extension of word limits (faxed letter)
1504/08/2005 E-FILED MOTION (re word limitations - ATB)
1604/08/2005 ACTION BY ACTING CHIEF JUSTICE (re word limitations). Denied
1704/08/2005 Supplemental Clerk's Certificate dated 4-6-05 (Entry Nos. 158-160)
1804/11/2005 APPELLANT BRIEF
1904/11/2005 Addendum to Appellant's Brief (attached to ATB)
2104/21/2005 DISK - ATB
2205/05/2005 APPELLEE BRIEF
2405/06/2005 DISK - AEB
2505/19/2005 REPLY BRIEF
2605/19/2005 DISK - RYB
2706/30/2005 APPEARANCES: Samuel S. Johnson and Wesley Bladow, Appellant; Tracey R. Lindberg
2806/30/2005 ARGUED: Johnson; Lindberg (Vol. Z, Pg. 138)
3107/25/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
3207/25/2005 At the direction of the Court no costs to either party
3307/26/2005 Judgment Mailed to Parties
3408/16/2005 MANDATE
3512/29/2011 EXPUNGED - Nonpermanent record items destroyed

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