Interest of N.C.C.
In the Interest of N.C.C.
N.C.C., David E. Braaten,
Director of Grand Forks County
Social Service Board, Guardian
Ad Litem for N.C.C., Plaintiffs
C.J.W., Plaintiff and Appellant
C.S.C., Defendant and Appellee
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke
|Nature of Action:||Paternity|
|Term:||05/2000  Argument: 05/02/2000 2:45pm|
|ND cite:||2000 ND 129|
612 N.W.2d 561
Appellant's Statement of the Issues:|
1. The District Court's Decision to change custody of the child N.C.C. from mother to father was not in the child's best interests.
2. The record of the case with respect to father's domestic violence, and the pattern of domestic violence, raised the statutory presumption that father not be awarded custody of N.C.C., which presumption was not overcome by clear and convincing evidence.
3. Mother's removal of the child N.C.C. from North Dakota for some months in 1998 violated a court order, but the defense of necessity should be recognized in the light of circumstances of a natural disaster, the continued pattern of domestic violence by father, and the arbitrary and capricious rulings of the District Court.
4. The remedy for mother's absence from the jurisdiction in 1998 of giving custody of child to abusive father was neither fitting nor proper and was an abuse of discretion.
Appellee's Statement of the Issues:
I. Whether the plaintiff's appeal should be dismissed as not timely, coming approximately seven months after the district court's decision to change custody.
II. Whether the Court's decision to change custody was arbitrary and capricious.
III. Whether the judge's failure to explain on the record why he presided over the last hearing after having filed a notice of disqualification amounts to reversible error.
|Add Docket 990339 RSS|
|1||11/10/1999||NOTICE OF APPEAL: 11/08/1999|
|2||11/10/1999||ORDER FOR TRANSCRIPT (see acknowledgment): 11/08/1999|
|3||11/10/1999||Acknowledgment of Order for Transcript (Audrey Timberman)|
|4||11/10/1999||RETENTION OF RECORD ON APPEAL: 12/28/1999|
|5||11/15/1999||Letter from Child Support Enforcement; it will not be involved in appeal (dist w/briefs)|
|6||12/03/1999||Copy of order for transcript/filed 12/01/1999/used the acknowledgment date for the OTR (see above)|
|7||12/09/1999||Acknowledgment of Order for Transcript from Karen Aamodt|
|8||12/22/1999||MOT. EXT/TIME TRANSCRIPT (Tom Kuchera)|
|9||12/22/1999||RETENTION OF RECORD ON APPEAL (Karen M. Aamodt, Ct. Reporter): 02/08/2000|
|10||12/30/1999||Letter dated 12/29/99 from Kuchera explaining why he needs the extension to February 8, 2000|
|11||12/30/1999||Copy of trial court order dated 10/29/97 (referred Kuchera to rule 10 NDRAppP to supp. ROA)|
|12||01/03/2000||ACTION BY CHIEF JUSTICE (MTR). Granted: 02/08/2000|
|13||01/28/2000||Clerk's Supp. Cert of ROA dated January 27, 2000 with entry 154 attached.|
|14||02/08/2000||RECORD ON APPEAL, not received was Number 12 (Sheriff's Return)|
|15||02/08/2000||TRANSCRIPTS DATED July 29, 1997 (Rena DeSautel), August 28,1997, February 10, 1998, April 28, 1998,|
|16||02/08/2000||July 27, 1998, February 19, 1999, August 31, 1999 (Karen Aamodt), February 19, 1999, (Kathy|
|17||02/08/2000||Knudson), and September 1, 1999 (Audrey Timberman) (All TRA's rec'd on same day - UPS)|
|18||02/10/2000||DISKS - Transcripts all listed in entry 15-17 above|
|19||02/15/2000||Certificate of Service for Transcripts|
|20||02/15/2000||DISK - TRA OF AUG. 31, 1999|
|23||03/20/2000||DISK - ATB|
|24||03/22/2000||Certificate of Service of ATB and Appendix|
|25||03/28/2000||Copies of Second Amended Judgment for ATA (inserted in ATA)|
|28||04/20/2000||DISK - AEB|
|29||05/02/2000||APPEARANCES: Thomas J. Kuchera; Constance L. Triplett|
|30||05/02/2000||ARGUED: Kuchera; Triplett (Vol. X; page 25)|
|31||05/02/2000||ORAL ARGUMENT WEBCAST|
|33||06/29/2000||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|34||06/29/2000||Costs on appeal in favor of the Appellee|
|35||06/30/2000||Order/Judgment Mailed to Parties|
|37||07/26/2000||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|38||03/05/2007||EXPUNGED - Nonpermanent record items destroyed|