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Fonder v. Fonder

Docket No. 20120134
Oral Argument: Monday, September 17, 2012 9:00am

Docket Info

Title
Richie Fonder, Plaintiff and Appellant
v.
Bobbi Fonder, Defendant and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 08-C-01229
North Central Judicial District, Ward County
Richard L. Hagar
2012 ND 228823 N.W.2d 504
Oral Argument 9/17/2012

Highlight

A motion under N.D.R.Civ.P. 59(j) should not be used as a means for the trial court to reconsider the evidence, but rather as a means to correct errors of law.
There is no presumption that equal primary residential responsibility is clearly erroneous, and such an award is proper if supported by sufficient findings of fact consistent with the children's best interests. It is preferred that the trial court explicitly state that after considering all of the best interest factors, an award of equal primary residential responsibility is in the children's best interest.
An equal primary residential responsibility arrangement may be appropriate if the trial court finds each parent has a desire to promote a relationship with the other parent and the parents can communicate effectively.


Briefs

Filing Date Description
05/18/2012 APPELLANT BRIEF View
06/15/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Paul Michael Probst - 05373
APPELLEE PRIVATE PRACTICE Jennifer Marie Stanley - 05853

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/28/2012 NOTICE OF APPEAL : 02/24/2012
2 02/28/2012 ORDER FOR TRANSCRIPT : 02/24/2012
3 04/04/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1 - 159)
4 04/11/2012 Transcript dated March 11, 2009 & C.O.S.
5 04/11/2012 DISK of tra dated 3-11-09
6 04/13/2012 TRANSCRIPTS DATED January 21, 2010 (V.1), January 22, 2012 (V.2), and December 10, 2010 & C.O.S.
7 04/13/2012 DISK of tras dated 1-21-10, 1-22-10, & 12-10-10
8 05/18/2012 APPELLANT BRIEF View
9 05/18/2012 E-FILED BRIEF
10 05/18/2012 APPELLANT APPENDIX
11 05/18/2012 E-FILED APPENDIX
12 05/21/2012 Received $25 surcharge for ATB (Receipt #21190)
13 05/30/2012 Rec'd 7 copies of ATB from CSD
14 05/30/2012 Rec'd 6 copies of ATA from CSD
15 06/15/2012 APPELLEE BRIEF View
16 06/15/2012 E-FILED BRIEF
17 06/15/2012 APPELLEE APPENDIX
18 06/15/2012 E-FILED APPENDIX
19 06/18/2012 Received $25 surcharge for AEB (Receipt #21224)
20 06/20/2012 Received 7 copies of AEB from CSD
21 06/20/2012 Received 6 copies of AEA from CSD
22 08/10/2012 NOTICE OF ORAL ARGUMENT SENT
23 09/17/2012 APPEARANCES: Paul M. Probst; Jennifer M. Stanley
24 09/17/2012 ARGUED: Paul M. Probst; Jennifer M. Stanley
25 09/17/2012 ORAL ARGUMENT WEBCAST
26 10/23/2012 DISPOSITION
27 10/23/2012 UNANIMOUS OPINION : Maring, Mary Muehlen View
28 10/23/2012 (Concur in the result) : Sandstrom, Dale V.
29 10/23/2012 Costs on appeal taxed in favor of appellee
30 10/24/2012 Judgment Sent to Parties
31 12/06/2012 MANDATE
32 12/07/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
33 12/01/2021 EXPUNGED - Nonpermanent record items destroyed