Bladow v. Bladow
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| 20040315 |
Wesley Charles Bladow, Plaintiff, Appellant
and Cross-Appellee
v.
Kristine Gail Bladow,
formerly known as
Kristine Gail Berg, Defendant, Appellee
and Cross-Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Richland County
Judge John T. Paulson |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
06/2005 Argument: 06/30/2005 10:45am
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| ND cite: |
2005 ND 142
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| NW cite: |
701 N.W.2d 903
Listen to recording of oral argument
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| 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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| 1 | | 11/08/2004 | |
NOTICE OF APPEAL: 11/04/2004 |
| 2 | | 11/08/2004 | |
ORDER FOR TRANSCRIPT: 11/04/2004 |
| 3 | | 11/18/2004 | |
NOTICE OF CROSS APPEAL (Kristine Gail Berg) |
| 4 | | 12/03/2004 | |
RECORD ON APPEAL (7 Volumes) including separate exhibits. Not sent were portions of No. 88 |
| 5 | | 12/03/2004 | |
(Plaintiff's Exh. 23 & 29 and Defendant's Exh. 1), No. 107 (Exhibits J, U, and V), No. 110 |
| 6 | | 12/03/2004 | |
(Exhibits TT, AAA and BBB) |
| 7 | | 12/21/2004 | |
MOT. EXT/TIME TRANSCRIPT |
| 8 | | 12/21/2004 | |
ACTION BY TRIAL COURT (MTR). Granted: 02/02/2005 |
| 9 | | 01/14/2005 | |
MOT. EXT/TIME TRANSCRIPT |
| 10 | | 01/14/2005 | |
ACTION BY CLERK. Granted: 03/02/2005 |
| 11 | | 03/02/2005 | |
TRANSCRIPTS DATED 9-4-03; 9-9-03; 11-17-03; 1-20&21-04; & 2-5-04 (5 vols.) |
| 12 | | 03/02/2005 | |
DISK - TRA (e-mailed) (9-4-03; 9-9-03; 11-17-03; 1-20&21-04 & 2-5-04) |
| 13 | | 03/18/2005 | |
Supplemental Clerk's Certificate dated 3-17-05 (Entry Nos. 146-157) |
| 14 | | 04/08/2005 | |
Motion for extension of word limits (faxed letter) |
| 15 | | 04/08/2005 | |
E-FILED MOTION (re word limitations - ATB) |
| 16 | | 04/08/2005 | |
ACTION BY ACTING CHIEF JUSTICE (re word limitations). Denied |
| 17 | | 04/08/2005 | |
Supplemental Clerk's Certificate dated 4-6-05 (Entry Nos. 158-160) |
| 18 | | 04/11/2005 | |
APPELLANT BRIEF |
| 19 | | 04/11/2005 | |
Addendum to Appellant's Brief (attached to ATB) |
| 20 | | 04/11/2005 | |
APPELLANT APPENDIX |
| 21 | | 04/21/2005 | |
DISK - ATB |
| 22 | | 05/05/2005 | |
APPELLEE BRIEF |
| 23 | | 05/05/2005 | |
APPELLEE APPENDIX |
| 24 | | 05/06/2005 | |
DISK - AEB |
| 25 | | 05/19/2005 | |
REPLY BRIEF |
| 26 | | 05/19/2005 | |
DISK - RYB |
| 27 | | 06/30/2005 | |
APPEARANCES: Samuel S. Johnson and Wesley Bladow, Appellant; Tracey R. Lindberg |
| 28 | | 06/30/2005 | |
ARGUED: Johnson; Lindberg (Vol. Z, Pg. 138) |
| 29 | | 06/30/2005 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 07/25/2005 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 31 | | 07/25/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 32 | | 07/25/2005 | |
At the direction of the Court no costs to either party |
| 33 | | 07/26/2005 | |
Judgment Mailed to Parties |
| 34 | | 08/16/2005 | |
MANDATE |
| 35 | | 12/29/2011 | |
EXPUNGED - Nonpermanent record items destroyed |