Taylor v. Taylor
- Leah Grace Taylor, Plaintiff and Appellee
Aaron James Taylor, Defendant and Appellant
State of North Dakota Statutory Real Party in Interest
- Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
Case No. 2018-DM-00355
Northeast Central Judicial District, Grand Forks County
Jay Dennis Knudson
Parties' Statement of Issues
1. Whether the District Court erred in finding that Leah Taylor met her burden of proof to show by a preponderance of the evidence a detailed demonstration of the physical or emotional harm likely to result from Aaron Taylor’s parenting time with A.G.T. born 2008.
2. Whether the District Court erred in finding that Leah Taylor met her burden of proof to show by a preponderance of the evidence a detailed demonstration of the physical or emotional harm likely to result from Aaron Taylor’s parenting time with L.A.T. born 2011.
3. Whether the District Court erred in finding that the proper restriction of Aaron Taylor’s parenting time is a total suspension of his in-person visits and telephone contact with the children, without a graduation beyond supervised parenting time in the future.
4. Whether the District Court erred in failing to grant Aaron Taylor such rights of parenting time as will enable the children to maintain a parent-child relationship that will be beneficial to the children.
5. Whether the District Court erred in authorizing Leah Taylor to end Aaron Taylor’s future contact and parenting time with the children at Leah Taylor’s discretion.
Aaron James Taylor appeals from a district court order and third amended judgment finding physical or emotional harm was likely to result from his parenting time with the children, and suspending Aaron’s supervised in-person visits and telephone contact with the children.
Aaron and Leah Taylor were married in 2008 and have two minor children. They divorced in 2018, with Leah receiving primary residential responsibility of both children and Aaron receiving reasonable parenting time.
In 2019, the district court entered an amended judgment restricting Aaron’s parenting time until he completed a chemical dependency treatment program. In 2020, the court entered a second amended judgment restricting Aaron to supervised visitation only.
In December 2020, Aaron moved to modify parenting time following his completion of drug and alcohol treatment. Leah filed a countermotion, arguing Aaron had violated the second amended judgment. Following an evidentiary hearing, the district court found Aaron’s behavior constituted a danger to his children’s well-being and suspended his supervised in-person visits and telephone contact with the children.
On appeal, Aaron argues the court erred in finding Leah met her burden of proof in demonstrating that Aaron’s parenting time will likely endanger the children, the court erred in finding that a total suspension of Aaron’s contact with the children was an appropriate restriction, and the court erred in providing Leah authority to end Aaron’s contact at her discretion. Aaron further argues the court erred in failing to grant his motion to modify parenting time.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/28/2021||NOTICE OF APPEAL : 07/28/2021|
|2||07/28/2021||ORDER FOR TRANSCRIPT : 08/04/2021|
|3||08/02/2021||Received $125 filing fee|
|4||08/04/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||08/04/2021||Notice served on Benjamin B. Freedman & Olivia A. Jureidini|
|6||08/05/2021||MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL|
|7||08/05/2021||ACTION BY CHIEF JUSTICE - Granted : 07/28/2021|
|8||08/06/2021||Order Granting Extension of Time to File Notice of Appeal||View|
|9||08/23/2021||ELEC. RECORD ON APPEAL DATED AUGUST 20, 2021 (ENTRY NOS. 1-35, 37-343)(9NOT REC'D #36)|
|10||08/31/2021||ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 30, 2021 (ENTRY NOS.344-346 )|
|11||09/10/2021||Notice of the State of North Dakota is statutory real party in interest|
|12||09/13/2021||ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 10, 2021 (ENTRY NOS. 347-349)|
|13||09/17/2021||ELECTRONIC TRANSCRIPT DATED APRIL 14, 2021|
|14||09/17/2021||REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED APRIL 14, 2021|
|15||09/17/2021||TRANSCRIPT CERTIFICATE OF SERVICE|
|16||09/20/2021||Rec'd transcript certificate of service to state|
|18||10/24/2021||Oral Argument Request by Appellant|
|20||10/28/2021||Rec'd non-substantive corrections to ATB and ATA|
|21||10/28/2021||Notice that the State of North Dakota/Child Support will not participate in the appeal|
|22||10/29/2021||Rec'd 3 copies of ATB and 2 copies of ATA back from CD|
|23||11/02/2021||Rec'd $271.00 for additional pages in Appendix (receipt #28277)|
|24||11/24/2021||Rec'd Notice of Limited representation of Olivia Jureidini for Appellee|
|27||11/30/2021||Rec'd non-substantive corrections to AEB and AEA|
|28||12/03/2021||Rec'd copies of AEB & AEA from Central Duplicating|
|29||12/21/2021||NOTICE OF ORAL ARGUMENT SENT|