Hartleib v. Simes
Docket Info
- Title
- Brock Hartleib, Plaintiff, Appellee
and Cross-Appellant
v.
Ashley Simes, n/k/a Ashley
Farrell,and Susan Simes,
Guardian of L.S.,
a minor child, Defendants, Appellants
and Cross-Appellees
--------------
Guardian ad Litem for L.S.,
a minor child, Wayne D. Goter,
Attorney at Law, Defendant and Appellee - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 06-C-00674
South Central Judicial District, Morton County
David E. Reich
Highlight
Procedural due process generally requires fundamental fairness, including notice and a meaningful opportunity to he heard, but the specific requirements of procedural due process are flexible and vary depending upon the circumstances of each case.
The district court has broad discretion over the presentation of evidence and the conduct of a trial or hearing, and the court may impose reasonable restrictions upon the length of the trial or hearing and upon the number of witnesses allowed.
When a parent seeks to terminate a guardianship and regain custody of his or her child, the parent initially has the burden of showing that the impediments leading to creation of the guardianship have been removed; the burden then shifts to the non-parent guardian to rebut the presumption that parental custody is in the best interest of the child by showing "exceptional circumstances"; and, if exceptional circumstances exist, a "best interest of the child" analysis is triggered, with the burden of proof upon the non-parent to establish that it is in the best interest of the child that the guardianship continue.
The fact that a guardianship was voluntarily created with the consent of the parents is, as a matter of law, an "exceptional circumstance" triggering the best interest of the child analysis.
As a prerequisite to awarding grandparent visitation under N.D.C.C. 14-09-05.1, the district court must determine whether the visitation would be in the best interest of the child and whether the visitation would interfere with the parent-child relationship.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/25/2008 | NOTICE OF APPEAL : 11/21/2008 | |
2 | 11/25/2008 | ORDER FOR TRANSCRIPT : 11/21/2008 | |
3 | 11/28/2008 | Acknowledgment of OTR from Cynthia Kurtz | |
4 | 11/28/2008 | Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL from Sharon Fox : 01/10/2009 | |
5 | 12/05/2008 | NOTICE OF CROSS APPEAL, filed in trial court on 12-3-08 | |
6 | 12/29/2008 | Transcripts dated November 30, 2007 | |
7 | 12/29/2008 | DISK-TRA (11/30/07) e-mailed | |
8 | 12/29/2008 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (11/30/07). | |
9 | 01/06/2009 | MOT. EXT/TIME TRANSCRIPT | |
10 | 01/06/2009 | ACTION BY TRIAL COURT - MTR - Granted : 02/20/2009 | |
11 | 01/06/2009 | TRANSCRIPT DATED April 18, 2008 | |
12 | 01/06/2009 | DISK - TRA (4-18-08) (e-mailed) | |
13 | 01/07/2009 | Certificate of Service of TRA (4-18-08) | |
14 | 02/20/2009 | TRANSCRIPTS DATED 1-22-07; 7-17-07; 1-31-08; 4-22-08; 4-23-08; 04/24/08; & 04/25/08 (7 vols.) | |
15 | 02/20/2009 | DISK - TRA (1/22/07;7/17/07;1-31-08;4/22/08;4/23/08;4/24/08; & 4/25/08)(Also rec'd electronic | |
16 | 02/20/2009 | copies of transcripts dated 7-24&25-07 & 8-9-07 (See Entry Nos. 137 & 245 of ROA for hard copies) | |
17 | 02/23/2009 | MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Suzanne Schweigert dated 2-23-09) | |
18 | 02/23/2009 | E-FILED MOTION (Mot/Ext/ATB) (faxed) | |
19 | 02/23/2009 | ACTION BY CLERK (Mot/Ext/ATB) - Granted : 05/01/2009 | |
20 | 02/20/2009 | RECORD ON APPEAL 5 Volumes and separates including exhibits, tapes, CD's and sealed items | |
21 | 03/24/2009 | MOTION FOR Enlargement of Word Limit | |
22 | 04/07/2009 | Letter identifying issues for the Appellant's brief | |
23 | 04/07/2009 | ACTION BY CHIEF JUSTICE (granted a total of 13,000 words for the Appellants' brief) - Granted | |
24 | 04/29/2009 | MOTION FOR extension of page limits | |
25 | 04/29/2009 | E-FILED MOTION | |
26 | 04/29/2009 | ACTION BY CHIEF JUSTICE - Denied | |
27 | 05/01/2009 | APPELLANT BRIEF | View |
28 | 05/01/2009 | APPELLANT APPENDIX | |
29 | 05/07/2009 | DISK - atb (e-mailed) | |
30 | 05/08/2009 | Corrected cover pages for ATB & ATA | |
31 | 05/21/2009 | MOT. EXT/TIME APPELLEE BRIEF | |
32 | 05/21/2009 | E-FILED MOTION (MAE) | |
33 | 05/21/2009 | ACTION BY CLERK (MAE) - Granted : 07/06/2009 | |
34 | 06/08/2009 | MOT. EXT/TIME APPELLEE BRIEF (Guardian ad Litem) | |
35 | 06/08/2009 | ACTION BY CHIEF JUSTICE (Guardian ad Litem) - Granted : 08/06/2009 | |
36 | 06/23/2009 | MOT. EXT/TIME APPELLEE BRIEF | |
37 | 06/23/2009 | E-FILED MOTION (MAE) | |
38 | 06/24/2009 | ACTION BY CHIEF JUSTICE (MAE) - Granted : 08/06/2009 | |
39 | 07/24/2009 | NOTICE OF ORAL ARGUMENT MAILED | |
40 | 07/29/2009 | APPELLEE BRIEF (Guardian ad Litem) | View |
41 | 08/03/2009 | DISK-AEB (Guardian ad Litem) CD-ROM | |
42 | 08/03/2009 | Rec'd 8 copies of corrected cover page for AEB (Guardian ad Litem) | |
43 | 08/06/2009 | APPELLEE BRIEF (Hartlieb) | View |
44 | 08/06/2009 | APPELLEE APPENDIX (Hartlieb) | |
45 | 08/06/2009 | DISK - AEB (Hartlieb) (e-mailed) | |
46 | 08/10/2009 | MOT. EXT/TIME REPLY BRIEF (e-mailed) | |
47 | 08/10/2009 | E-FILED MOTION (MRY) | |
48 | 08/11/2009 | ACTION BY CLERK (MRY) - Granted : 09/08/2009 | |
49 | 08/27/2009 | Motion for extension of word limit of RYB | |
50 | 08/28/2009 | ACTION BY CHIEF JUSTICE (Request for word limit of Reply Brief granted to a total of 4,000 words) - Granted | |
51 | 09/08/2009 | REPLY BRIEF of Appellant (E-filed) (PDF) | View |
52 | 09/08/2009 | E-FILED BRIEF (RYB)(PDF) | |
53 | 09/09/2009 | Made 7 copies of RYB | |
54 | 09/17/2009 | APPEARANCES: Suzanne Schweigert and Tracy Lyson/Brenda Neubauer/Wayne Goter, Guardian Ad Litem | |
55 | 09/17/2009 | ARGUED: Schweigert/Neubauer/Goter | |
56 | 09/17/2009 | ORAL ARGUMENT WEBCAST | |
57 | 12/15/2009 | DISPOSITION | |
58 | 12/15/2009 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
59 | 12/15/2009 | Costs on appeal taxed in favor of appellee | |
60 | 12/16/2009 | Judgment E-mailed to Parties | |
61 | 01/11/2010 | MANDATE | |
62 | 01/13/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
63 | 01/13/2010 | Returned 1st, 2nd & 3rd supplemental certificates to District Court | |
64 | 01/15/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
65 | 01/19/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
66 | 10/19/2020 | EXPUNGED - Nonpermanent record items destroyed |