Benson v. Benson
Docket Info
- Title
- Rachel E. Benson, Plaintiff and Appellee
v.
Barry L. Benson, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 98-C-0723
North Central Judicial District, Ward County
Gary A. Holum
Highlight
When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state.
A North Dakota court may decline to exercise jurisdiction upon determining that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | PRIVATE PRACTICE | Tom P Slorby - 03122 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/04/2003 | NOTICE OF APPEAL : 01/31/2003 | |
| 2 | 02/06/2003 | MOTION FOR VOLUNTARY DISMISSAL OF APPEAL (see letter dated 2/5/03 from Barry Benson) - RspDue : 02/13/2003 | |
| 3 | 02/14/2003 | Response Filed (Letter indicating he did not want to dismiss the appeal) | |
| 4 | 02/14/2003 | NO ACTION TAKEN (MOT/Voluntary Dismissal) | |
| 5 | 02/26/2003 | Second Notice of Appeal dated 2-24-03 (filed in trial court 2-25-03) | |
| 6 | 02/26/2003 | ORDER FOR TRANSCRIPT (Laurel Marsh) : 02/25/2003 | |
| 7 | 02/26/2003 | MOT. EXT/TIME APPELLANT BRIEF (no MAT) | |
| 8 | 02/26/2003 | ACTION BY CLERK (MAT - sua sponte) - Granted : 03/12/2003 | |
| 9 | 02/27/2003 | RETENTION OF RECORD ON APPEAL (LETTER FROM LAUREL MARSH) : 04/16/2003 | |
| 10 | 03/11/2003 | MOT. EXT/TIME APPELLANT BRIEF (e-mailed) | |
| 11 | 03/11/2003 | ACTION BY CLERK (NOTE: ATB due 1 week after filing TRA) - Granted : 04/03/2003 | |
| 12 | 03/12/2003 | Original of Mot. Ext. Appellant Brief filed 3-11-03 | |
| 13 | 03/25/2003 | TRANSCRIPT DATED 11-27-02 | |
| 14 | 03/26/2003 | DISK - TRA dated 11-27-02 | |
| 15 | 03/27/2003 | RECORD ON APPEAL | |
| 16 | 04/01/2003 | APPELLANT BRIEF | View |
| 17 | 04/01/2003 | APPELLANT APPENDIX | |
| 18 | 04/02/2003 | DISK - ATB | |
| 19 | 04/03/2003 | January 8, 2003 judgment inserted into ATA | |
| 20 | 05/01/2003 | APPELLEE BRIEF | View |
| 21 | 05/01/2003 | DISK - AEB (emailed) | |
| 22 | 06/12/2003 | APPEARANCES: Tom P. Slorby; Carrie L. Francis | |
| 23 | 06/12/2003 | ARGUED: Slorby; Francis (Vol. Y; Page 119) | |
| 24 | 08/20/2003 | DISPOSITION | |
| 25 | 08/30/2003 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 26 | 08/20/2003 | Costs on appeal taxed in favor of appellant | |
| 27 | 08/22/2003 | Judgment Mailed to Parties | |
| 28 | 09/11/2003 | MANDATE | |
| 29 | 09/19/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 30 | 11/18/2009 | EXPUNGED - Nonpermanent record items destroyed |