Jensen v. Deaver
Julie Jensen f/k/a Julie Deaver, Plaintiff and Appellee
Derrick Deaver, Defendant and Appellant
Northeast Judicial District,
Judge Michael G. Sturdevant
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||02/2013  Argument: 02/21/2013 1:30pm|
|ND cite:||2013 ND 47|
828 N.W.2d 533
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1) Were the right's of Derrick violated by the Trial Court ignoring the requirements of Rule 8.2 NDROc and not affording him with notice and an opportunity to be heard at the time of the Ex Parte application.
2) Was the Trial Court's imposing of supervised and restricted time in error as it was not consistent with the standards set forth by law for restricting time and when no evidence supported that Order.
3) Were the Lower Courts Findings of Fact clearly erroneous.
Appellee's Statement of the Issues:
1. May the Supreme Court consider and review an Ex Parte Emergency Court Order suspending and modifying parenting time when the appeal is from a later Memorandum Opinion and Order entered after a subsequent hearing a month later and the Notice of Appeal and Statement of the Case do not indicate the appeal is from the prior order?
2. Whether the Trial Courts modification of parenting time is appropriate wherein a person in the non-custodial parent's home has sexually abused the parties' minor children and the non-custodial parent chooses not to protect the minor children from the abuse?
3. Whether there is evidence in the record to support a Trial Court's Findings that support the decision that prevents the non-custodial parent from having unsupervised parenting time?
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|1||10/09/2012||NOTICE OF APPEAL: 10/05/2012|
|2||10/09/2012||ORDER FOR TRANSCRIPT: 10/05/2012|
|3||11/06/2012||ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2012 (ENTRY NOS. 1-152)|
|4||11/15/2012||ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 14, 2012 (ENTRY NOS. 153-155)|
|5||11/21/2012||AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 21, 2012 (ENTRY NOS. 1-156) (25, 26, 37-40, 44-48, 92|
|6||11/21/2012||108, 109 on exhibits tab, 136 by U.S. Mail)|
|7||11/21/2012||TRANSCRIPT DATED July 31, 2012 & C.O.S.|
|8||11/21/2012||DISK (tra 7-31-12)(e-mailed)|
|11||12/21/2012||DISK - ATB|
|12||01/11/2013||MOT. EXT/TIME APPELLEE BRIEF|
|13||01/14/2013||ACTION BY CLERK (with understanding heard in February). Granted: 02/01/2013|
|14||01/24/2013||NOTICE OF ORAL ARGUMENT SENT|
|19||01/30/2013||Rcv'd nonsubstantive correction to AEA (missing pg 222)|
|20||01/30/2013||Rcv'd $98.50 surcharge for aeb & aea|
|21||01/31/2013||Rcv'd 7 copies of AEB from CSD|
|22||01/31/2013||Rcv'd 6 copies of AEA from CSD|
|25||02/21/2013||APPEARANCES: Robert S. Rau; Michael S. McIntee|
|26||02/21/2013||ARGUED: Robert S. Rau; Michael S. McIntee|
|27||02/21/2013||ORAL ARGUMENT WEBCAST|
|29||04/04/2013||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|30||04/04/2013||Costs on appeal taxed in favor of appellee|
|31||04/05/2013||Judgment Sent to Parties|
|33||05/10/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|