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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.

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