Baker v. Baker
- Ashley A. Baker, Plaintiff and Appellee
Eric L. Baker, Defendant and Appellant
- Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
Case No. 2016-DM-00810
South Central Judicial District, Burleigh County
Bruce A. Romanick
Parties' Statement of Issues
I. Whether the District Court erred in denying the Defendant’s Request for Evidentiary Hearing associated with his Motion to Modify Residential Responsibility?
II. Whether the District Court erred in denying the Defendant’s Motion to Modify Primary Residential Responsibility?
Whether the District Court erred when it determined that Eric L. Baker (“Eric”) failed to establish a prima facie case warranting an evidentiary hearing on his Motion to Modify Judgment as it relates to residential responsibility of the parties’ minor children?
Eric Baker appeals after the denial of his motion to modify primary residential responsibility.
Ashley Baker and Eric Baker divorced in November 2016 and have two children. Ashley Baker was awarded primary residential responsibility of the children. The divorce judgment discussed parenting time during the summer and holidays, communication, and decision-making. In December 2018, Eric Baker moved for a modification of primary residential responsibility. He claimed Ashley Baker frustrated his parenting time, failed to make joint decisions with him, and abused the children. In response, Ashley Baker denied she violated the terms of the divorce judgment. The district court denied Eric Baker’s motion without a hearing. The court found Eric Baker failed to submit sufficient evidence warranting a modification of primary residential responsibility.
On appeal, Eric Baker argues the district court erred in denying his motion without an evidentiary hearing.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/12/2019||NOTICE OF APPEAL : 02/12/2019|
|2||02/14/2019||Rec'd $125 filing fee (receipt #26896)|
|3||02/14/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||02/14/2019||Notice served on Theresa L Kellington and Micheal A. Mulloy|
|5||03/21/2019||MOT. EXT/TIME APPELLANT BRIEF|
|6||03/21/2019||ACTION BY CLERK - Granted : 04/05/2019|
|7||03/12/2019||ELEC. RECORD ON APPEAL DATED MARCH 11, 2019 (ENTRY NOS. #1 THROUGH #192)|
|10||04/09/2019||Amended Elec. Rec. on Appeal dated 4/8/2019 (ENTRY NOS.1-120, 159-194)(121-158 stricken from rec.)|
|11||04/10/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|12||04/12/2019||Rec'd $25.00 for ATB (Receipt #27006)|
|13||04/12/2019||Rec'd $340.00 for ATA (680 additional pages) (Receipt # 27006)|
|14||04/15/2019||MOTION to Strike Documents from Appellant's Appendix & Request for Attorney's Fees - RspDue : 04/29/2019|
|15||04/29/2019||Response Filed To Motion to Strike|
|16||04/30/2019||MOT. EXT/TIME APPELLEE BRIEF|
|17||04/30/2019||ACTION BY CLERK - Granted : 05/20/2019|
|18||05/01/2019||Motion to Strike and Response To Be Heard With the Merits|
|19||05/03/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|20||05/13/2019||MOTION FOR REMAND|
|21||05/13/2019||ACTION BY CHIEF JUSTICE - Granted|
|22||05/13/2019||ORDER OF REMAND (appeal not stayed during remand)|
|23||05/14/2019||MOTION TO VACATE REMAND|
|25||05/21/2019||Rec'd 6 copies of AEB back from Central Duplicating|
|26||05/22/2019||Rec'd $25 e-filing surcharge for AEB ( receipt #27081)|
|27||05/22/2019||NOTICE OF ORAL ARGUMENT SENT|
|28||05/23/2019||ACTION BY SUPREME COURT (vacated remand) - Granted|
|29||05/24/2019||Request for attorney's fee in motion to vacate remand reserved for consideration w/ merits|
|30||05/24/2019||Order Sent to Parties|
|31||05/24/2019||RESPONSE TO APPELLEE'S MOTION TO VACATE ORDER OF REMAND|
|32||05/28/2019||1ST ELEC. SUPP. RECORD ON APPEAL DATED MAY 24, 2019 (ENTRY NOS. 195 - 213)|