Jelsing v. Peterson

20060112 Christy Claire Jelsing
n/k/a Christy Claire Hafner, Plaintiff, Appellee
and Cross-Appellant
v.
Terry Jay Peterson, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Boughey Law Firm
Appellee: Bosard, McCutcheon & Rau, Ltd.
Term: 12/2006   Argument: 12/07/2006  9:30am
ND cite: 2007 ND 41
NW cite: 729 N.W.2d 157

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Issues: Appellant's Statement of the Issues:
I. The decision to grant Christy custody of Ian is in error.
II. The decision to allow Christy to change the residence of Ian to Arizona is in error.

Appellee's Statement of the Issues:
1. Did the Court properly rule upon the application for Custody when Christy was the primary caregiver and defacto custodial of Ian for years, and met the best interest factors.
2. Did Christy meet the Stout Hawkinson factors and was the move in the best interest of maintaining continuity with the primary caregiver, advancing Christy's welfare and that of the child and when other visitation arrangements could be fashioned that allowed for Terry to maintain adequate contact with his child, and no impediment existed by granting the move.
3. Did the Court error by admitting into evidence documents prepared by Terry that were not a summary, but rather written testimony and a narratives of 3rd parties.
4. Should the trial court have awarded Christy attorney fees and when it failed to consider the law on the issue and the facts in question.

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Docket entries:
104/12/2006 NOTICE OF APPEAL: 04/07/2006
204/12/2006 ORDER FOR TRANSCRIPT (Sandra Ostrom): 04/07/2006
304/24/2006 NOTICE OF CROSS APPEAL (filed in trial court on 4-21-06)
405/25/2006 MOT. EXT/TIME TRANSCRIPT (faxed)
505/25/2006 ACTION BY TRIAL COURT (MTR) (faxed). Granted: 06/27/2006
606/22/2006 MOT. EXT/TIME TRANSCRIPT (faxed)
706/22/2006 E-FILED MOTION (Mtr)
806/22/2006 ACTION BY CLERK. Granted: 07/07/2006
907/07/2006 TRANSCRIPTS DATED October 11, 2005 and October 12, 2005
1007/07/2006 DISK - TRA 10-12-05 (e-mailed)
1107/11/2006 DISK - TRA 10-11-05 (e-mailed)
1207/14/2006 RECORD ON APPEAL (2 VOLUMES) & SEPARATES (ENTRY NOS. 56-104)
1308/10/2006 MOT. EXT/TIME APPELLANT BRIEF
1408/10/2006 E-FILED MOTION (fax)
1508/10/2006 ACTION BY CLERK (MAT). Granted: 09/07/2006
1608/25/2006 Second Request for Extension to Submit Appellant's Brief
1708/25/2006 E-FILED MOTION (fax)
1808/25/2006 ACTION BY CHIEF JUSTICE (MAT). Granted: 10/06/2006
1910/06/2006 APPELLANT BRIEF (e-filed)
2010/06/2006 E-FILED BRIEF (ATB)
2110/06/2006 APPELLANT APPENDIX (e-filed)
2210/06/2006 E-FILED APPENDIX (ATA)
2310/16/2006 Rec'd $25.00 surcharge for ATB
2410/16/2006 MOTION AND BRIEF TO DISMISS BRIEF OF APPELLANT/CROSS-APPELLEE
2510/16/2006 ACTION BY CHIEF JUSTICE (Mot. & Brief to Dismiss Brief of AT/Cross-AE). Denied
2610/16/2006 7 cc made of ATB
2710/16/2006 6 cc made of ATA
2810/25/2006 APPELLEE BRIEF
2910/25/2006 Addendum to AEB (attached to aeb)
3010/31/2006 Copies of corrected Table of Authorities and page 15 for AEB
3110/31/2006 DISK - AEB
3211/13/2006 REPLY BRIEF of Appellant
3311/13/2006 Addendum to Reply Brief
3411/13/2006 DISK - ryb (e-mailed)
3512/07/2006 APPEARANCES: Lynn M. Boughey, Terry J. Peterson; Robert S. Rau
3612/07/2006 ARGUED: Boughey; Rau
3712/07/2006 ORAL ARGUMENT WEBCAST
3812/14/2006 Clerk's Supplemental Certificate dated 12/13/2006 (Entry Nos. 139-158)
3912/15/2006 MOTION FOR Stay; Notice of Motion; Brief in Support; Affidavit of Terry Peterson w/attach; service
4012/20/2006 ACTION BY SUPREME COURT. denied
4112/20/2006 Order Denying Motion for Stay Mailed to Parties
4203/22/2007 DISPOSITION: AFFIRMED
4303/22/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
4403/22/2007 (CONCUR in the result): Sandstrom, Dale V.: CON/RES
4503/22/2007 Costs on appeal taxed in favor of the Appellee
4603/23/2007 Judgment Mailed to Parties
4704/19/2007 MANDATE
4804/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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