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Hanson v. Hettervig, et al.

Docket No. 20220261
Oral Argument: Waived

Docket Info

Title
Matthew Thomas Roy Hanson, Plaintiff and Appellee
v.
Kristin Dawn Hettervig, 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. 2021-DM-01199
East Central Judicial District, Cass County
Daniel Eric Gast

Parties' Statement of Issues

  • Appellant

    1. Whether the Court abused its discretion and/or exceeded its authority in exercising subject matter jurisdiction;
    2. Whether the Court abused its discretion by holding the Defendant in contempt.
    3. Whether the Court abused its discretion in awarding attorney fees.

  • Appellee 1

    I. Whether the District Court abused its discretion and/or exceeded its authority in exercising subject matter jurisdiction.
    II. Whether the District Court abused its discretion by holding the Defendant in contempt.
    III. Whether the District Court abused its discretion in awarding attorney fees.

Summary

Kristin Hettervig appeals from an order of contempt awarding Matthew Hanson compensatory parenting time and ordering Hettervig to pay reasonable attorney fees.

Hanson commenced this action against Hettervig, seeking to establish primary residential and decision-making responsibility for a minor child, born in 2020. The parties stipulated to entry of an interim order granting temporary joint residential responsibility and equal decision-making responsibility for the child. The court entered an interim order consistent with the parties’ stipulation. Hanson subsequently moved the district court for contempt, alleging Hettervig was frustrating his parenting time. After an evidentiary hearing, the court entered an order finding Hettervig in contempt for defying the court’s interim order by improperly withholding parenting time from Hanson. The court awarded Hanson five days of compensatory parenting time and ordered Hettervig to pay reasonable attorney fees.

On appeal, Hettervig argues the district court abused its discretion and exceeded its authority in exercising subject matter jurisdiction, abused its discretion by holding her in contempt, and abused its discretion in awarding attorney fees.

Briefs

Filing Date Description
12/06/2022 APPELLANT BRIEF View
01/05/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Scott Patrick Brand - 07287
APPELLANT PRO SE Kristin D. Hettervig

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

Seq. # Filing Date Description Attachment
1 09/08/2022 NOTICE OF APPEAL : 09/08/2022 View
2 09/08/2022 ORDER FOR TRANSCRIPT : 09/16/2022 View
3 09/13/2022 Rec'd Filing Fee
4 09/13/2022 AMENDED ORDER FOR TRANSCRIPT(counsel not served) (transmitted to CR 9/16/22) View
5 09/14/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
6 09/14/2022 Notice Served on Kristin A. Overboe, Scott P. Brand and Justin T. Breitwieser
7 10/11/2022 ELEC. RECORD ON APPEAL DATED OCTOBER 10, 2022(ENTRY NOS.1-6 AND 8-70)(DEL ENTRY #7) View
8 10/19/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 18, 2022 (ENTRY NOS. 71 & 72) View
9 10/28/2022 All Transcripts Filed in Record
10 10/31/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 28, 2022 (ENTRY NOS. 73-77) View
11 11/03/2022 3RD ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 2, 2022(ENTRY NOS. 78-80) View
12 12/06/2022 APPELLANT BRIEF View
13 12/22/2022 Notice to Client of Interim Suspension from Kristen Overboe View
14 01/04/2023 ATB corrections not received; filed in uncorrected condition
15 01/05/2023 APPELLEE BRIEF View
16 01/06/2023 Rec'd corrections to AEB
17 01/09/2023 Rec'd 3 copies of AEB back from CD
18 01/11/2023 Rec'd 3 copies of ATB back from CD
19 01/11/2023 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
20 02/07/2023 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(C)
21 02/07/2023 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(C)
22 02/08/2023 ORDER OF REMAND View
23 02/14/2023 4TH ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 13, 2023 (ENTRY NOS.81-87) (re-filed) View
24 03/03/2023 Simultaneous supplemental briefs, limited to 10 pages, allowed on issue of attorney's fees