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Williams v. Williams, et al.

Docket No. 20210014
Oral Argument: Thursday, June 10, 2021 1:30 PM

Docket Info

Title
Jennifer Michelle Williams, Plaintiff and Appellant
v.
Aron Lyle Williams, Defendant and Appellee
and
State of North Dakota, Statutory Real Party in Interest
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2019-DM-00911
East Central Judicial District, Cass County
Frank L. Racek
Oral Argument 6/10/2021

Parties' Statement of Issues

  • Appellant

    I. Whether the district court erred in failing to state what the material change of circumstances was that occurred to justify modifying the parties’ parenting time schedule.
    II. Whether the district court erred in modifying parenting time because no material change in circumstances existed.
    III. Whether the district court erred in failing to state with sufficient specificity why modifying the parties’ parenting time schedule was in the children’s best interests.
    IV. Whether the district court erred in modifying parenting time because modification was not in the children’s best interests.
    V. Whether the district court erred in failing to state what good cause existed to terminate the parenting coordinator.
    VI. Whether the district court erred in terminating the parenting coordinator because good cause for the termination did not exist.
    VII. Whether the district court erred in deleting the “Right of First Refusal” when the issue was not before the Court on request of either party.

  • Appellee 1

    I. The DistrictCourt made sufficient Findings to suppo1t its' decision with regard to its modification of parenting time.
    II. The District Court's modification of parenting time was in the children's best interests.
    III. The Appellant conceded that a material change of circumstances, as she motioned for a modification of joint legal decision making, and for other changes, including changes of parenting time.
    IV. The District Court's termination of the parenting coordinator was proper in its determination.
    V. The District Court had the authority to remove the "Right of First Refusal" provision based on judicial discretion and the Plaintiff/ Appellant motioned "for such other and further relief as the Court deems just and equitable."


Summary

Jennifer Williams appeals from an amended divorce judgment.

The parties share two minor children. They filed competing motions for contempt and to amend the divorce judgment. The district court denied the motions for contempt and entered an amended judgment modifying parenting time, terminating a parenting coordinator, and removing a provision allowing each parent the first option to care for the children when the other parent cannot exercise his or her overnight parenting time.

On appeal, Jennifer Williams argues the district court did not make the findings required to support a modification of parenting time and there is no evidence of a material change in circumstances. She also argues there was not good cause to terminate the parenting coordinator and her due process rights were violated when the court removed the option provision because neither party raised it as an issue.


Briefs

Filing Date Description
04/12/2021 APPELLANT BRIEF View
05/12/2021 APPELLEE BRIEF View
05/26/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Leslie Johnson Aldrich - 04014
APPELLANT PRIVATE PRACTICE Jessica Lee Moen - 08483

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

Seq. # Filing Date Description Attachment
1 01/15/2021 NOTICE OF APPEAL : 01/15/2021
2 01/15/2021 ORDER FOR TRANSCRIPT : 02/03/2021
3 01/21/2021 Rec'd $125.00 Filing Fee
4 01/26/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/26/2021 Notice Served on Jessica L. Moen, Leslie J. Aldrich and Janet K. Naumann
6 02/17/2021 ELEC. RECORD ON APPEAL DATED FEBRUARY 16, 2021 (ENTRY NOS. 1-421, 424-436, 438-587, 589 -1160)
7 02/17/2021 (NOT REC'D - 422-423, 437, 588)
8 02/18/2021 AMENDED ELEC. RECORD ON APPEAL DATED FEB. 17, 2021(ENTRY NOS.1-420, 424-436, 438-587, 589 -1161)
9 02/18/2021 (NOT REC'D - 421-423, 437, 588)
10 03/03/2021 ELECTRONIC TRANSCRIPT DATED OCTOBER 6, 2020
11 03/03/2021 ELECTRONIC TRANSCRIPT DATED NOVEMBER 2, 2020
12 03/03/2021 Transcript Certificate of Service
13 03/03/2021 ELECTRONIC TRANSCRIPT DATED NOVEMBER 18, 2020
14 03/03/2021 ELECTRONIC TRANSCRIPTS DATED 10/6/20, 11/2/20, 11/18/20 REDACTION KEY
15 03/03/2021 Transcript Certificate of Service
16 04/12/2021 APPELLANT BRIEF View
17 04/12/2021 Oral Argument Request by Appellant
18 04/12/2021 APPELLANT APPENDIX
19 04/13/2021 Notice from the State that they will not be participating in the appeal
20 04/15/2021 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
21 04/16/2021 ELEC. SUPP. RECORD ON APPEAL DATED APRIL 15, 2021 (ENTRY NOS. 1162-1179 )
22 05/04/2021 ELEC. SUPP. RECORD ON APPEAL DATED MAY 3, 2021 (ENTRY NOS. 1180-1186)
23 05/05/2021 Rec'd $59.00 for 118 pages over 100 in ATA (receipt #28131)
24 05/12/2021 APPELLEE BRIEF View
25 05/12/2021 Oral Argument Request by Appellee
26 05/12/2021 APPELLEE APPENDIX
27 05/12/2021 ELEC. SUPP. RECORD ON APPEAL DATED MAY 11, 2021 (ENTRY NOS. 1187- 1194)
28 05/13/2021 Rec'd additional Certificate of Service on J. Naumann
29 05/14/2021 Rec'd 4 copies of AEB and AEA back from CD
30 05/18/2021 NOTICE OF ORAL ARGUMENT SENT
31 05/26/2021 REPLY BRIEF View
32 05/27/2021 Rec'd 4 copies of RYB back from CSD
33 06/10/2021 APPEARANCES: Jessica L. Moen; Leslie J. Aldrich
34 06/10/2021 ARGUED: Jessica L. Moen; Leslie J. Aldrich
35 06/10/2021 ORAL ARGUMENT WEBCAST