Opinions

Interest of C.E. (CONFIDENTIAL) 2021 ND 211
Docket No.: 20210264
Filing Date: 11/26/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Iakel-Garcia v. Anderson 2021 ND 210
Docket No.: 20210021
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

The district court must award primary residential responsibility to the parent who will promote the child’s best interests and welfare.

The district court must determine the total value of the marital estate in order to make an equitable division of property.

Muchow v. Kohler, et al. 2021 ND 209
Docket No.: 20210103
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights.

The district court may order visitation if petitioners prove: (1) a substantial relationship with the child and (2) the denial of visitation would result in harm to the child.

Petitioners have the burden of proving the requirements by clear and convincing evidence.

“Harm to child” means a “significant adverse effect on a child’s physical, emotional, or psychological well-being.”

Quamme v. Quamme 2021 ND 208
Docket No.: 20210093
Filing Date: 12/1/2021
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10).

Debt regularly forgiven by an employer from a loan based on an obligor’s employment constitutes gross income under N.D. Admin. Code § 75-02-04.1-01(4)(b) and (5).

For purposes of awarding spousal support, the district court does not need to provide a complete calculation of each parties’ assets, debts, and expenses, but a clear description of the parties’ financial situation is helpful in understanding the court’s rationale. When a court’s rationale is unclear, reversal and remand is appropriate.

Guardianship and Conservatorship of T.G.P.C. 2021 ND 207
Docket No.: 20210121
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: A Findings of Fact and Order Reappointing Guardian and Conservatorship and Continuing Guardianship Following Review and Denying Petitioners Request in Full is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Guardianship and Conservatorship of T.G.P.C. 2021 ND 207
Docket No.: 20210121
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Chase v. State 2021 ND 206
Docket No.: 20200315
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A motion for summary disposition of an application for postconviction relief under N.D.C.C. § 29-32.1-09(3) must be made consistent with our rules for motion practice. A district court may not order summary disposition in response to a request in a pleading, including the State’s answer to an application for postconviction relief.

Interest of A.D. (CONFIDENTIAL) 2021 ND 205
Docket No.: 20200299
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Tufte, Jerod E.

Highlight: Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge.

Juvenile court’s finding that father abandoned child is not clearly erroneous when the father has not provided care for or had any contact with the child since 2007 or 2008, and has not made any significant attempts to locate the child or have the child placed in his care.

Juvenile court is not required to specifically identify and discuss each best interest factor if the Court is able to discern how the juvenile court’s findings apply to the best interest factors.

When a child is deprived by the parents, no finding of exceptional circumstances is required to be made by the juvenile court to grant a guardianship. The finding of deprivation eliminates the need for a finding of exceptional circumstances.

Craig v. State 2021 ND 204
Docket No.: 20210108
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: In a postconviction relief proceeding, claims that were raised or could have been raised in an earlier postconviction relief proceeding are barred by the doctrine of res judicata.

Matter of Michael J. Tharaldson Trust 2021 ND 203
Docket No.: 20210139
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: The district court has subject matter jurisdiction over trusts.

Service of process in a trust proceeding on an attorney representing a party in a probate proceeding is ineffective.

A party has ten days to file a demand for change of judge after being added to a proceeding.