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Kershaw v. Finnson, et al.

Docket No. 20210355
Oral Argument: Thursday, June 23, 2022 1:30 PM

Docket Info

Title
Jacob Dalles Kershaw, Plaintiff and Appellee
v.
Shelby Lynn Finnson, 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. 2020-DM-00016
Northeast Central Judicial District, Nelson County
Donald Hager

Parties' Statement of Issues

  • Appellant

    I. Whether the district court erred in finding there was no credible evidence of domestic violence under N.C.C.C. § 14-09-06.2(j).
    II. Whether the district court’s findings regarding other best interest factors were clearly erroneous.
    a. Alternatively, whether the district court’s award of parenting time was clearly erroneous.
    III. Whether the district court proceedings were a denial of due process.
    a. Whether the district court committed reversable error by executing findings of fact by trial counsel.

  • Appellee 1

    Issue 1: The District Court did not err as a matter of law by determining that there was no credible evidence of domestic violence under N.C.C.C.§14-09-06.2(j).
    II. Issue 2: The District Court’s findings regarding other best interest factors were not clearly erroneous.
    a. The District Court’s award of parenting time was not clearly erroneous
    III. Issue 3: The District Court’s proceedings were not a denial of due process.
    a. The District Court did not commit reversable error by using portions of findings of fact proposed by trial counsel


Summary

Shelby Finnson appeals from a judgment awarding primary residential responsibility of the parties’ minor child to Jacob Kershaw.
Finnson and Kershaw were never married. They share a minor child. Kershaw sued for primary residential responsibility of the child and requested an ex parte interim order awarding him temporary custody. In a separate case, Finnson filed an application for a domestic violence restraining order. The parties’ petitions resulted in two conflicting orders from different judges granting temporary custody of the child to the other parent. After holding a hearing, the judge assigned to the protection order case found domestic violence had occurred and amended the primary residential responsibility interim order to grant temporary custody of the child to Finnson. After a two-day trial, Kershaw was awarded primary residential responsibility of the child and Finnson was granted parenting time on alternating weekends.
On appeal, Finnson argues the district court erred when it did not apply a domestic violence presumption against Kershaw, the court’s findings regarding the best interests of the child are not supported by the evidence, the court’s award of parenting time is clearly erroneous, her due process rights were violated because the judge that determined primary residential responsibility did not certify himself as familiar with the record, and the court uncritically adopted Kershaw’s proposed findings.


Briefs

Filing Date Description
06/03/2022 AMENDED APPELLANT BRIEF View
06/08/2022 APPELLEE BRIEF View
06/16/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Pamela Faye Coleman - 06302
APPELLANT PRIVATE PRACTICE Sarah Mae Kyte - 08960

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

Seq. # Filing Date Description Attachment
1 12/23/2021 NOTICE OF APPEAL : 12/23/2021
2 12/23/2021 ORDER FOR TRANSCRIPT : 01/06/2022
3 01/06/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/06/2022 Notice served on Sarah M. Kyte, Pamela F. Coleman & Sarah E. Cannon
5 01/10/2022 AMENDED ORDER FOR TRANSCRIPT
6 02/03/2022 ELEC. RECORD ON APPEAL DATED FEBRUARY 2, 2022 (ENTRY NOS.1-173)
7 03/07/2022 All Transcripts Filed in Record
8 03/08/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 7, 2022 (ENTRY NOS. 175-179)
9 03/11/2022 AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 8, 2022 (ENTRY NOS. 174-180)
10 04/18/2022 APPELLANT BRIEF (Amended Appellant's Brief filed 6/3/22)
11 04/18/2022 Oral Argument Request by Appellant
12 04/25/2022 Rec'd ATB Corrections
13 04/27/2022 Rec'd 3 copies of ATB back from CD
14 05/09/2022 Rec'd notice from State Child Support Divison they will not be participating in appeal
15 05/18/2022 Non-Compliant AEB rec'd; given until 5/24/22 to revise (spacing; length)
16 05/24/2022 NOTICE OF ORAL ARGUMENT SENT
17 06/02/2022 Non-Compliant Amended ATB rec'd (length); given until 6/3/22 by 4pm to revise
18 06/03/2022 AMENDED APPELLANT BRIEF View
19 06/02/2022 Oral Argument Request by Appellant
20 06/03/2022 Rec'd 3 copies of Amended ATB from CSD
21 06/08/2022 APPELLEE BRIEF View
22 06/08/2022 Oral Argument Request by Appellee
23 06/09/2022 Rec'd 3 copies of AEB from CSD
24 06/16/2022 REPLY BRIEF View
25 06/16/2022 Rec'd corrections to RYB
26 06/16/2022 Rec'd additional corrections to RYB (ND citations)
27 06/17/2022 Rec'd 3 copies of RYB from CSD
28 06/23/2022 APPEARANCES: Sarah M. Kyte/Pamela F. Coleman
29 06/23/2022 ARGUED: Sarah M. Kyte/Pamela F. Coleman
30 06/23/2022 ORAL ARGUMENT WEBCAST
31 06/23/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 22, 2022 (ENTRY NOS. 181-197)