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Sayler v. Sayler

Docket No. 20230004
Oral Argument: Monday, June 19, 2023 10:00 AM

Docket Info

Title
Mari Emilie Sayler, Plaintiff and Appellee
v.
Jason Paul Sayler, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2021-DM-00111
Northeast Judicial District, Ramsey County
Anthony Swain Benson
2023 ND 156994 N.W.2d 351
Oral Argument 6/19/2023

Highlight

A motion to relocate is not necessary when residential responsibility has not previously been established. Therefore, consideration of the Stout-Hawkinson factors is not necessary when the district court originally determines parental responsibility of parents living in different states.

The purpose or motive for a unilateral move is one of the many factors courts should consider and weigh when determining parental responsibility.


Briefs

Filing Date Description
04/17/2023 APPELLANT BRIEF View
05/17/2023 APPELLEE BRIEF View
06/02/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Cassidy A. Violet - 09485
APPELLEE PRIVATE PRACTICE Joshua Nyberg - 07622
APPELLANT PRIVATE PRACTICE Jacey Layne Johnston - 06214

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

Seq. # Filing Date Description Attachment
1 01/05/2023 NOTICE OF APPEAL : 01/05/2023 View
2 01/05/2023 ORDER FOR TRANSCRIPT : 01/09/2023 View
3 01/09/2023 Rec'd Filing Fee
4 01/09/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
5 01/09/2023 Notice served on Jacey L. Johnston and Cassey A. Schmiess
6 02/02/2023 ELEC. RECORD ON APPEAL DATED FEBRUARY 1, 2023 (ENTRY NOS. 1-318) View
7 03/06/2023 All Transcripts Filed in Record
8 03/07/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 6, 2023 (ENTRY NOS. 319-327) View
9 03/09/2023 MOTION BY Cassey A. Schmiess to withdraw as counsel for Mari Emilie Sayler View
10 03/20/2023 ACTION BY CLERK - Granted
11 03/20/2023 Notice of Appearance by Joshua Nyberg for Mari Emilie Sayler View
12 04/17/2023 APPELLANT BRIEF View
13 04/17/2023 Oral Argument Request by Appellant
14 04/21/2023 Rec'd corrections to ATB
15 04/24/2023 Rec'd 4 copies of ATB back from CD
16 05/17/2023 APPELLEE BRIEF View
17 05/18/2023 Oral Argument Request by Appellee
18 05/19/2023 Rec'd 4 copies of AEB back from CD
19 05/30/2023 NOTICE OF ORAL ARGUMENT SENT
20 05/31/2023 Rec'd Non-Compliant Reply Brief (Given until 6/5/2023 to revise)
21 06/02/2023 REPLY BRIEF View
22 06/05/2023 Rec'd 4 copies of RYB back from CD
23 06/19/2023 APPEARANCES: Jacey L. Johnston/Joshua Nyberg
24 06/19/2023 ARGUED: Jacey L. Johnston/Joshua Nyberg
25 06/19/2023 ORAL ARGUMENT WEBCAST
26 08/17/2023 DISPOSITION (AND REMANDED)
27 08/17/2023 UNANIMOUS OPINION : Bahr, Douglas Alan View
28 08/17/2023 Judgment View
29 08/17/2023 By order of the Court neither party have and recover costs and disbursements in this appeal
30 08/21/2023 Corrected/Substitute Opinion Page: On title page, the Disposition has been updated, the word "and"
31 08/21/2023 after Affirmed in Part has been replaced with a "," and after the words "Reversed in Part" the
32 08/21/2023 period "." has been replaced with a comma "," and the words "And Remanded." have been added. The
33 08/21/2023 Disposition now reads "AFFIRMED IN PART, REVERSED IN PART, AND REMANDED."
34 08/21/2023 On page 1, Paragraph 1, Line 10, the word "and" before the words "reverse in part" has been
35 08/21/2023 replaced with a comma "," and after the words "reversed in part" a comma "," has been added
36 08/21/2023 along with the words "and remanded." to read "We affirm the amended judgment in part, reverse
37 08/21/2023 in part, and remand.
38 08/21/2023 On page 15, Paragraph 50, Line 4, the word "and" after the word "authority" has been replaced with
39 08/21/2023 a preiod ".". After the period, the word "We" has been added in front of the word "reverse"
40 08/21/2023 After the word "fees." the words "We remand the case for future finding." has been added. The
41 08/21/2023 paragraph now reads "We affirm the parts of the amended judgment awarding primary responsibility
42 08/21/2023 awarding primary responsibility and decision-making authority . We reverse the part
43 08/21/2023 awarding attorney’s fees fees. We remand the case for further findings.
44 09/08/2023 MANDATE