Kubal v. Anderson Docket No.: 20240007 Filing Date: 6/20/2024 Case Type: Appeal - Civil - Child Support Author: Crothers, Daniel John
Highlight:The Uniform Child Custody Jurisdiction and Enforcement Act, N.D.C.C. ch. 1414.1, governs cases involving interstate custody disputes. Determination of whether North Dakota is a child's home state under the UCCJEA must be analyzed based on when the proceeding in North Dakota was commenced. Jurisdiction may exist under the UCCJEA despite North Dakota not being a child's home state.
The purpose of the UCCJEA is to promote cooperation between courts of different states and to prevent manipulation of the judicial system and undue complication of child custody disputes. Parties are required to provide the district court with information regarding other proceedings, and the district court is required to review that information.
Stephens v. Lee Docket No.: 20230381 Filing Date: 6/20/2024 Case Type: Appeal - Civil - Child Support Author: Crothers, Daniel John
Highlight:When determining a parent's motion to relocation a child out of state, a district court must first determine if the non-relocating parent consented or if an existing order or decree permits relocation. If neither was met, the court must determine the merits of the relocation by applying the Stout-Hawkinson factors.
The district court's findings under the Stout-Hawkinson factors and denying the motion to relocate is summarily affirmed under N.D.R.App.P. 35(a)(2).
The district court's findings on the statutory best interest factors and granting the motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35(a)(2).
State v. Vervalen Docket No.: 20230286 Filing Date: 6/20/2024 Case Type: Appeal - Criminal - Misc. Felony Author: McEvers, Lisa K. Fair
Highlight:Voluntary intoxication is not a defense to a criminal charge. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.
Attempted "intentional" murder is a criminal offense, requiring the State to prove the accused had an intent to kill to be convicted of attempted murder. A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.
Interest of D.M.E. Docket No.: 20240152 Filing Date: 6/20/2024 Case Type: Appeal - Civil - Mental Health Author: Per Curiam
Highlight:Orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).
