Interest of N.C.C.

990339 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
and
C.J.W., Plaintiff and Appellant
v.
C.S.C., Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Paternity
Counsel:
Appellant: #Kuchera & Sharp
Appellee: Triplett Law Office
Term: 05/2000   Argument: 05/02/2000  2:45pm
ND cite: 2000 ND 129
NW cite: 612 N.W.2d 561


Issues: 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.

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Docket entries:
111/10/1999 NOTICE OF APPEAL: 11/08/1999
211/10/1999 ORDER FOR TRANSCRIPT (see acknowledgment): 11/08/1999
311/10/1999 Acknowledgment of Order for Transcript (Audrey Timberman)
411/10/1999 RETENTION OF RECORD ON APPEAL: 12/28/1999
511/15/1999 Letter from Child Support Enforcement; it will not be involved in appeal (dist w/briefs)
612/03/1999 Copy of order for transcript/filed 12/01/1999/used the acknowledgment date for the OTR (see above)
712/09/1999 Acknowledgment of Order for Transcript from Karen Aamodt
812/22/1999 MOT. EXT/TIME TRANSCRIPT (Tom Kuchera)
912/22/1999 RETENTION OF RECORD ON APPEAL (Karen M. Aamodt, Ct. Reporter): 02/08/2000
1012/30/1999 Letter dated 12/29/99 from Kuchera explaining why he needs the extension to February 8, 2000
1112/30/1999 Copy of trial court order dated 10/29/97 (referred Kuchera to rule 10 NDRAppP to supp. ROA)
1201/03/2000 ACTION BY CHIEF JUSTICE (MTR). Granted: 02/08/2000
1301/28/2000 Clerk's Supp. Cert of ROA dated January 27, 2000 with entry 154 attached.
1402/08/2000 RECORD ON APPEAL, not received was Number 12 (Sheriff's Return)
1502/08/2000 TRANSCRIPTS DATED July 29, 1997 (Rena DeSautel), August 28,1997, February 10, 1998, April 28, 1998,
1602/08/2000 July 27, 1998, February 19, 1999, August 31, 1999 (Karen Aamodt), February 19, 1999, (Kathy
1702/08/2000 Knudson), and September 1, 1999 (Audrey Timberman) (All TRA's rec'd on same day - UPS)
1802/10/2000 DISKS - Transcripts all listed in entry 15-17 above
1902/15/2000 Certificate of Service for Transcripts
2002/15/2000 DISK - TRA OF AUG. 31, 1999
2103/18/2000 APPELLANT BRIEF
2203/18/2000 APPELLANT APPENDIX
2303/20/2000 DISK - ATB
2403/22/2000 Certificate of Service of ATB and Appendix
2503/28/2000 Copies of Second Amended Judgment for ATA (inserted in ATA)
2604/19/2000 APPELLEE BRIEF
2704/19/2000 APPELLEE APPENDIX
2804/20/2000 DISK - AEB
2905/02/2000 APPEARANCES: Thomas J. Kuchera; Constance L. Triplett
3005/02/2000 ARGUED: Kuchera; Triplett (Vol. X; page 25)
3105/02/2000 ORAL ARGUMENT WEBCAST
3206/29/2000 DISPOSITION: AFFIRMED
3306/29/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
3406/29/2000 Costs on appeal in favor of the Appellee
3506/30/2000 Order/Judgment Mailed to Parties
3607/21/2000 MANDATE
3707/26/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3803/05/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014