Young v. Young

20070293 Katherine Marie Young Plaintiff and Appellee
v.
James Charles Young Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Pro se
Appellee: Melinda Hanson Weerts
Term: 02/2008   Argument: 02/07/2008  10:45am
ND cite: 2008 ND 55
NW cite: 746 N.W.2d 153

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the district court's failure to note that there was no schedule conflict for the drop off times, due to the child being picked up from school.
II.The court's failure to note that there is no schedule conflict on Sundays, due to no daycare on the weekends.
III.Whether the changes in the visitation was not in the best interest of the child, due to the changes interfering with the childs bedtime.
IV.Whether the court's failure to note that the child has not had any "wetting" accidents in over 5 months and that the child is picked on by the older brother at Katherine's home.
V.Whether the district court's failure to find Katherine young was not being credible, with proof from her own exhibits.
VI.Whether the district courts failure to find significant changes to warrant a change in visitation was clearly erroneous.

Reply Brief Issues
I. No schedule conflict for the drop off times, due to the child being picked up from school.
II. Wednesday visitation changes are interfering with the childs bedtime and not in the best interest of the child.
III. The court's dealing with Katherine's unknown degree and extent of psychological problems due to her "guardedness".
Iv. Court's failure to see Katherine contradicting herself with regards to the new revised visitation order.
V. The courts failure to take James's documented proof of the childs counselors true recommendations, over Katherines heresay representation.
VI. James's proof of Katherine being untruthful with the court went unchallenged, thereby validating James' arguments.

Appellee's Statement of the Issues:
1. Are the District Court's Findings of Fact reasonably supported by the evidence, based upon proper interpretation of the law, and entitled to deference upon review?
2. Are the District Court's Credibility Determinations and Decisions relative to the weight of evidence entitled to deference upon review?

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Docket entries:
110/04/2007 NOTICE OF APPEAL: 10/03/2007
211/06/2007 RECORD ON APPEAL - includes separates 20 (affidavit) & 50 (tra of deposition dtd 1-27-06),
311/06/2007 not received were entry numbers 8,38, & 49 (steno tapes).
411/05/2007 APPELLANT BRIEF
511/05/2007 APPELLANT APPENDIX
611/07/2007 DISK-ATB (CD)
711/09/2007 Received 1 copy of Appellant's Appendix
811/27/2007 MOTION TO DISMISS APPEAL, AFFIDAVIT IN SUPPPORT & BRIEF IN SUPPORT. RspDue: 12/10/2007
911/27/2007 MOT. EXT/TIME APPELLEE BRIEF (included in Motion to Dismiss)
1011/29/2007 Response Filed to Motion to Dismiss, Affidavit and Brief in Support with Aff. of Mailing
1111/29/2007 ACTION BY CHIEF JUSTICE (MAE). Granted: 12/31/2007
1211/29/2007 ACTION BY CHIEF JUSTICE (Mot Dismiss). Denied
1312/13/2007 Clerk's Supplemental Certificate of Record dated December 12, 2007 (Entry Nos. 96-105).
1412/19/2007 Clerk's Supplemental Certificate of Record dated 12-18-07 (Entry Nos. 106-111)
1512/28/2007 APPELLEE BRIEF
1612/28/2007 APPELLEE APPENDIX
1712/28/2007 DISK - AEB
1812/31/2007 Clerk's Third Supplemental Certificate of Record dated 12-27-07 (Entry Nos. 112 & 113)
1901/15/2008 REPLY BRIEF
2001/16/2008 Affidavit of Service of RYB on Ms. Weerts
2101/16/2008 DISK - RYB (CD-ROM)
2202/07/2008 APPEARANCES: James Charles Young; Melinda Hanson Weerts, Katherine Marie Young
2302/07/2008 ARGUED: James Charles Young; Weerts
2402/07/2008 ORAL ARGUMENT WEBCAST
2503/20/2008 DISPOSITION: AFFIRMED
2603/20/2008 SPLIT OPINION: Crothers, Daniel John
2703/20/2008 (CONCURRING AND DISSENTING): VandeWalle, Gerald W.: CON/DIS
2803/20/2008 (CONCURRING AND DISSENTING/JOIN): Sandstrom, Dale V.: CON/DIS
2903/20/2008 Costs on appeal taxed in favor of appellee
3003/24/2008 Judgment E-Mailed to Parties
3103/26/2008 PETITION FOR REHEARING
3203/27/2008 Affidavit of Service of PER
3303/27/2008 DISK - PER (CDROM)
3404/17/2008 ACTION BY SUPREME COURT (PER). Denied
3504/30/2008 MANDATE
3605/06/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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