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Steps You Must Take Before the Court Can Establish Parenting Responsibility (Case Management)

A Parenting Responsibility Case Includes Many Steps with Deadlines and Paperwork!

After a Parenting Responsibility case starts with service of the Summons and Complaint, parents are responsible for meeting a lot of deadlines and completing a lot of paperwork.

This page includes all of the information and forms available through the N.D. Legal Self Help Center for:

                                    ◦  Informational Statement (due 37 days after service of Summons and Complaint)

                                    ◦  Proposed Parenting Plan (see Scheduling Order for due date)

                                    ◦  Witness and Exhibit List (see Scheduling Order for due date)

                              ◦  Supplemental Confidential Information Form (for Witness and Exhibit List)

At any point after service of the Summons and Complaint, the parents may agree to settle all or part of the issues in the parenting responsibility case. At trial, the District Court judge or judicial referee decides all issues that aren’t settled by the parents.

Overview

After service of the Summons and Complaint on the Defendant parent, there are many steps before the District Court judge or judicial referee assigned to the parenting responsibility case can establish parenting responsibility between the parents.

Parenting Pesponsibility Case Management are the steps that start with service of the Summons and Complaint and end with a final parenting responsibility judgment.

Rule 8.3.1 of the North Dakota Rules of Court includes Parenting Responsibility Case Management rules that move your parenting responsibility case forward to settlement or to trial. Each parent is responsible for meeting the requirements and deadlines of Rule 8.3.1.

Rule 8.3.1 isn’t the only Parenting Responsibility Case Management rule or statute (law). Other court rules and North Dakota statutes (laws) are part of Parenting Responsibility Case Management. Each parent is responsible for meeting the requirements of Parenting Responsibility Case Management court rules and statutes. The most common court rules and statutes are outlined below.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges, judicial referees, and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for parenting responsibility cases involving common and uncomplicated circumstances. The following forms won’t work for every parenting responsibility case. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point for creating your own legal documents.

Rule 8.3.1(a) Required Meeting to Prepare the Informational Statement (Informational Statement filed 37 days after service of Summons and Complaint)

Within 30 Days after service of the Summons and Complaint, the parents must meet to prepare the joint Informational Statement. You must meet in person or by electronic means.

At minimum, you must each be prepared to exchange copies of current paystubs, employment and income information, and tax returns. This information is used to determine child support.

Within 7 Days after the required meeting, you must file the Summons, Complaint, and Informational Statement with the North Dakota State District Court.

If the Clerk of District Court accepts the Summons, Complaint, and Informational Statement for filing, the Clerk assigns a case number to your parenting responsibility case.

Rule 8.3.1(b) Scheduling Order (issued 30 days after Informational Statement filed)

Within 30 Days after your Informational Statement is accepted for filing, the judge or judicial referee assigned to your parenting responsibility case issues the scheduling order. The judge or judicial referee uses your Informational Statement to create their scheduling order.

Before issuing the scheduling order, the judge or judicial referee may require you to attend a scheduling conference. If the judge or judicial referee requires a scheduling conference, you get notice of the date, time and location.

The scheduling order may establish any or all of the following deadlines:

Discovery (gathering evidence)

If you’re served with discovery requests, Don’t ignore them!

There are strict deadlines for you to respond. If you don’t respond at all, or don’t respond within the deadline, you may miss your chance to object. You may also have to explain to the judge or judicial referee why you didn’t respond.

If you don’t know how to respond to a discovery request, consult a lawyer.

After service of the Summons and Complaint on the Defendant parent, the parents may begin the discovery process.

Discovery is a formal process where the parents ask each other for information. The parents may also ask non-parties for information.

The “Discovery Rules” are Rule 26 through Rule 37 of the North Dakota Rules of Civil Procedure.

For more information about discovery, to the “Discovery” section in the Guide to a Civil Action, or Civil Case.

Family Law Mediation Program (for disputed or unresolved parenting responsibility)

Within 10 days of filing the Summons, Complaint and proof of service, your parenting responsibility case may be referred to the Family Law Mediation Program. The Family Mediation Program is for mediation of disputed or unresolved parental rights and responsibilities issues.

If your parenting responsibility case is referred to the Family Law Mediation Program, the program provides up to 6 hours of combined pre-mediation orientation and mediation at no cost to the parents.

If your parenting responsibility case is referred to the Family Law Mediation Program, you receive an order and schedule for mediation from the court. Read the order and schedule carefully, as you need to follow the requirements and meet the deadlines.

Interim (Temporary) Orders (for orders effective until the final parenting responsibility judgment is entered in the case)

After the Summons, Complaint and proof of service are accepted for filing by the Clerk of District Court, either parent may make a motion for an interim, or temporary, order in your parenting responsibility case.

A motion for an interim order is a written request to the judge or judicial referee asking for temporary resolution of any or all of the following:

  • Payment of support (child support);
  • Temporary parental rights and responsibilities (custody, visitation, decision making, etc.);
  • A parenting schedule for minor children; and/or
  • Payment of attorney’s fees and costs.

If the judge or judicial referee issues an interim order in your parenting responsibility case, the order lasts until the judge or judicial referee issues a different interim order, issues a final parenting responsibility judgment, or dismisses your parenting responsibility case.

Motion for Interim (Temporary) Order Informational Guides are available for the parent making the motion, and the parent answering, or responding, to the motion.

Appointment of Parenting Investigators, Parenting Coordinators, or Guardian Ad Litems

In a contested parenting responsibility case, either parent may make a motion in writing to the judge or judicial referee to appoint a parenting investigator, a parenting coordinator, or a guardian ad litem. The other parent answers the motion in writing to tell the judge or judicial referee if they agree or disagree and explain why.

Parenting Investigators investigate the child’s and family’s history and present situation. When the investigation is complete, they file a report with the judge or judicial referee.

The required qualifications and responsibilities of a Parenting Investigator are found in Rule 8.6 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Parenting Investigator Roster.

Parenting Coordinators are neutral individuals authorized to use any dispute resolution process to resolve disputes between parents related to a parenting plan or court order.

The required qualifications and responsibilities of a Parenting Coordinator are found in Rule 8.11 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Parenting Coordinator Roster.

Guardian Ad Litems are lawyers appointed by the judge or judicial referee to represent the best interests of the minor child in a parenting responsibility case. A judge or judicial referee may appoint a Guardian Ad Litem when either parent, or the judge or judicial referee, have special concern for the future of the child.

The required qualifications and responsibilities of a Guardian Ad Litem are found in Rule 8.7 of the North Dakota Rules of Court.

The North Dakota Court System maintains a Guardian Ad Litem Roster.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it’s being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed, contact the clerk of court for the county.