Jelsing v. Peterson
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| 20060112 |
Christy Claire Jelsing
n/k/a Christy Claire Hafner, Plaintiff, Appellee
and Cross-Appellant
v.
Terry Jay Peterson, Defendant, Appellant
and Cross-Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge William W. McLees |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
12/2006 Argument: 12/07/2006 09:30am
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| ND cite: |
2007 ND 41
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| NW cite: |
729 N.W.2d 157
Listen to recording of oral argument
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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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| 1 | | 04/12/2006 | |
NOTICE OF APPEAL: 04/07/2006 |
| 2 | | 04/12/2006 | |
ORDER FOR TRANSCRIPT (Sandra Ostrom): 04/07/2006 |
| 3 | | 04/24/2006 | |
NOTICE OF CROSS APPEAL (filed in trial court on 4-21-06) |
| 4 | | 05/25/2006 | |
MOT. EXT/TIME TRANSCRIPT (faxed) |
| 5 | | 05/25/2006 | |
ACTION BY TRIAL COURT (MTR) (faxed). Granted: 06/27/2006 |
| 6 | | 06/22/2006 | |
MOT. EXT/TIME TRANSCRIPT (faxed) |
| 7 | | 06/22/2006 | |
E-FILED MOTION (Mtr) |
| 8 | | 06/22/2006 | |
ACTION BY CLERK. Granted: 07/07/2006 |
| 9 | | 07/07/2006 | |
TRANSCRIPTS DATED October 11, 2005 and October 12, 2005 |
| 10 | | 07/07/2006 | |
DISK - TRA 10-12-05 (e-mailed) |
| 11 | | 07/11/2006 | |
DISK - TRA 10-11-05 (e-mailed) |
| 12 | | 07/14/2006 | |
RECORD ON APPEAL (2 VOLUMES) & SEPARATES (ENTRY NOS. 56-104) |
| 13 | | 08/10/2006 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 14 | | 08/10/2006 | |
E-FILED MOTION (fax) |
| 15 | | 08/10/2006 | |
ACTION BY CLERK (MAT). Granted: 09/07/2006 |
| 16 | | 08/25/2006 | |
Second Request for Extension to Submit Appellant's Brief |
| 17 | | 08/25/2006 | |
E-FILED MOTION (fax) |
| 18 | | 08/25/2006 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 10/06/2006 |
| 19 | | 10/06/2006 | |
APPELLANT BRIEF (e-filed) |
| 20 | | 10/06/2006 | |
E-FILED BRIEF (ATB) |
| 21 | | 10/06/2006 | |
APPELLANT APPENDIX (e-filed) |
| 22 | | 10/06/2006 | |
E-FILED APPENDIX (ATA) |
| 23 | | 10/16/2006 | |
Rec'd $25.00 surcharge for ATB |
| 24 | | 10/16/2006 | |
MOTION AND BRIEF TO DISMISS BRIEF OF APPELLANT/CROSS-APPELLEE |
| 25 | | 10/16/2006 | |
ACTION BY CHIEF JUSTICE (Mot. & Brief to Dismiss Brief of AT/Cross-AE). Denied |
| 26 | | 10/16/2006 | |
7 cc made of ATB |
| 27 | | 10/16/2006 | |
6 cc made of ATA |
| 28 | | 10/25/2006 | |
APPELLEE BRIEF |
| 29 | | 10/25/2006 | |
Addendum to AEB (attached to aeb) |
| 30 | | 10/31/2006 | |
Copies of corrected Table of Authorities and page 15 for AEB |
| 31 | | 10/31/2006 | |
DISK - AEB |
| 32 | | 11/13/2006 | |
REPLY BRIEF of Appellant |
| 33 | | 11/13/2006 | |
Addendum to Reply Brief |
| 34 | | 11/13/2006 | |
DISK - ryb (e-mailed) |
| 35 | | 12/07/2006 | |
APPEARANCES: Lynn M. Boughey, Terry J. Peterson; Robert S. Rau |
| 36 | | 12/07/2006 | |
ARGUED: Boughey; Rau |
| 37 | | 12/07/2006 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 12/14/2006 | |
Clerk's Supplemental Certificate dated 12/13/2006 (Entry Nos. 139-158) |
| 39 | | 12/15/2006 | |
MOTION FOR Stay; Notice of Motion; Brief in Support; Affidavit of Terry Peterson w/attach; service |
| 40 | | 12/20/2006 | |
ACTION BY SUPREME COURT. denied |
| 41 | | 12/20/2006 | |
Order Denying Motion for Stay Mailed to Parties |
| 42 | | 03/22/2007 | |
DISPOSITION: AFFIRMED |
| 43 | | 03/22/2007 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 44 | | 03/22/2007 | |
(CONCUR in the result): Sandstrom, Dale V.: CON/RES |
| 45 | | 03/22/2007 | |
Costs on appeal taxed in favor of the Appellee |
| 46 | | 03/23/2007 | |
Judgment Mailed to Parties |
| 47 | | 04/19/2007 | |
MANDATE |
| 48 | | 04/23/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |