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Taylor v. Taylor

Docket No. 20210214
Oral Argument: Monday, January 24, 2022 9:30 AM

Docket Info

Title
Leah Grace Taylor, Plaintiff and Appellee
v.
Aaron James Taylor, Defendant and Appellant
and
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

  • Appellant

    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.


Summary

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.


Briefs

Filing Date Description
10/27/2021 APPELLANT BRIEF View
11/24/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Benjamin Brian Freedman - 08670
APPELLEE PRIVATE PRACTICE Olivia Anastasia Jureidini - 09058

(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
17 10/27/2021 APPELLANT BRIEF View
18 10/24/2021 Oral Argument Request by Appellant
19 10/27/2021 APPELLANT APPENDIX
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
25 11/24/2021 APPELLEE BRIEF View
26 11/24/2021 APPELLEE APPENDIX
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