Sailer, et al. v. Sailer, et al.
Docket No. 20220050
Oral Argument:
Thursday, May 12, 2022 10:45 AM
Docket Info
- Title
- Connie Sailer and Kevin Sailer, Petitioners and Appellants
v.
Natasha Sailer, Respondent and Appellee
and
Justin Sailer, Respondent - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2021-DM-00056
South Central Judicial District, Mercer County
Bobbi Brown Weiler
2022 ND 151978 N.W.2d 699
Oral Argument
5/12/2022
Highlight
A court’s determination that a nonparent did not establish a prima facie case to support an award of nonparent visitation is reviewed de novo.
If the nonparent fails to plead a prima facie case that the nonparent “[i]s a consistent caretaker; or . . . [h]as a substantial relationship with the child and denial of custody or visitation would result in harm to the child,” a court shall dismiss the petition for nonparent visitation.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/08/2022 | NOTICE OF APPEAL : 02/08/2022 | |
| 2 | 02/11/2022 | Received $125 filing fee | |
| 3 | 02/11/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 02/11/2022 | Notice served on Theresa L. Kellington, Jamie L. Haynes, & Justin Sailer | |
| 5 | 03/09/2022 | ELEC. RECORD ON APPEAL DATED MARCH 8, 2022 (ENTRY NOS.1-31) | |
| 6 | 03/21/2022 | APPELLANT BRIEF | View |
| 7 | 03/21/2022 | Oral Argument Request by Appellant | |
| 8 | 03/23/2022 | Rec'd 3 copies of ATB from CSD | |
| 9 | 04/19/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 10 | 04/19/2022 | APPELLEE BRIEF | View |
| 11 | 04/19/2022 | Oral Argument Request by Appellee | |
| 12 | 04/20/2022 | Rec'd 3 copies of AEB back from CD | |
| 13 | 05/04/2022 | REPLY BRIEF | View |
| 14 | 05/04/2022 | Rec'd 3 copies of RYB from CSD | |
| 15 | 05/12/2022 | APPEARANCES: Elise A. Fischer/Jamie L. Haynes | |
| 16 | 05/12/2022 | ARGUED: Elise A. Fischer/Jamie L. Haynes | |
| 17 | 05/12/2022 | ORAL ARGUMENT WEBCAST | |
| 18 | 08/04/2022 | DISPOSITION | |
| 19 | 08/04/2022 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 20 | 08/04/2022 | Concurring specially : VandeWalle, Gerald W. | |
| 21 | 08/04/2022 | Costs on appeal taxed in favor of Appellee | |
| 22 | 08/04/2022 | Judgment | View |
| 23 | 08/26/2022 | MANDATE | |
| 24 | 10/04/2022 | Corrected Opinion Page - The words "presumed to be" were added to par.16, line 5, pg. 6, in between | |
| 25 | 10/04/2022 | the words "nonparent is" and before the words "in the best interest of the child" to read as | |
| 26 | 10/04/2022 | a nonparent is presumed to be in the best interest of the child |