Justia North Dakota Supreme Court Opinion Summaries

The case involves a dispute over primary residential responsibility for two minor children between Casey Kubal and Kari Anderson. The couple lived together in North Dakota, but Anderson moved to South Dakota with the children in March 2022. In April 2022, Anderson initiated litigation in South Dakota to establish primary residential responsibility. In August 2023, Kubal served Anderson with a summons and complaint in North Dakota, which were filed with the district court in October 2023. Anderson moved to dismiss the case, arguing that North Dakota was an inconvenient forum as she had already commenced litigation in South Dakota and the children continued to reside there.The District Court of Stark County, Southwest Judicial District, dismissed the case, ruling that it lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because North Dakota was not the children's home state when Kubal commenced the case. The court also ruled that even if it had jurisdiction, North Dakota would be an inconvenient forum. The court made its decision based on the pleadings and motion papers, noting that the parties failed to provide information regarding the South Dakota proceeding.The Supreme Court of North Dakota reversed the district court's decision and remanded the case. The Supreme Court found that the record was inadequate to determine whether subject matter jurisdiction exists under the UCCJEA. The court noted that the district court did not address the three other grounds for jurisdiction under the UCCJEA and that the nature of the rulings in South Dakota and the status of those proceedings were necessary to determine whether the district court has jurisdiction. The Supreme Court concluded that granting Anderson's motion to dismiss without understanding what has occurred in the South Dakota proceeding was contrary to the purpose of the UCCJEA. View "Kubal v. Anderson" on Justia Law

Joshua and Melissa Armitage were married in June 2019 and separated in February 2023. They have one child together, born in 2020. Melissa Armitage initiated a divorce action in February 2023. The district court held a bench trial in August 2023, and subsequently awarded Melissa Armitage primary residential responsibility of the minor child, subject to Joshua Armitage’s parenting time.Joshua Armitage appealed the district court's decision, arguing that the court erred in awarding Melissa Armitage primary residential responsibility of the minor child. He contended that many of the factors that the district court found favored neither party actually supported an award of equal residential responsibility.The Supreme Court of North Dakota reviewed the case under the clearly erroneous standard, which does not allow for reweighing of evidence or reassessment of witness credibility. The court considered the best interests and welfare of the child, as required by North Dakota law. The court noted that the district court had considered the evidence and made findings on the best interest factors, providing specific analysis on twelve of the factors. The court found factors (a) and (c) favored Melissa Armitage, while the remaining factors favored neither party.The Supreme Court of North Dakota concluded that the district court's findings of fact were not induced by an erroneous view of the law, were supported by the evidence, and did not leave the court with a definite and firm conviction a mistake had been made. The court affirmed the district court’s judgment, upholding the award of primary residential responsibility to Melissa Armitage. View "Armitage v. Armitage" on Justia Law

Scott and Traci Musland, married in 1997, separated in 2022, and Scott filed for divorce. The couple resolved several interim issues through mediation, including exclusive use of the marital and lake homes. A bench trial was held in July 2023, where both parties provided testimony and exhibits. The district court found the Musland marital estate to be valued at just over eight million dollars. Traci Musland was awarded sections of land, a lake home, all of the couple’s retirement funds, miscellaneous equipment, and personal property. She also received an “equity payment” of $700,000 and was allocated responsibility for the debt associated with her credit cards and appraisal fee, leaving her a net estate of $3,224,357. Scott Musland was awarded a net estate of $4,961,915, which included the marital home, farmland, and debt, totaling $2,388,931.Traci Musland appealed the district court's decision, arguing that the property division was clearly erroneous, that the court erred in setting a land rent value, and failing to award her rent for the 2023 tax year, and that the right of first refusal granted to Scott Musland was not appropriate. The Supreme Court of North Dakota reviewed the district court’s distribution of marital property under a clearly erroneous standard. The court found that the district court provided a thorough analysis of the Ruff-Fischer guidelines and applied the law properly. The court concluded that the division of the marital estate was not clearly erroneous.However, the Supreme Court of North Dakota agreed with Traci Musland that the language of the right of first refusal as written was not appropriate. The court remanded that issue to the district court to modify the right of first refusal to provide that it is triggered by the acceptance of an offer by Traci Musland, subject to the right of first refusal. The court affirmed the district court’s distribution of the marital estate in all other respects. View "Musland v. Musland" on Justia Law

Joseph and Brenda Field, who were divorced in California, have a minor child. The California court granted joint legal and physical custody of the child to both parents, with Brenda Field having primary physical custody. The court also allowed Brenda and the child to move to North Dakota and established a parenting schedule. The court did not modify the child support order, which required Joseph Field to pay $500 per month in child support and share other specified expenses of the child. The court also transferred venue for all future custody matters to North Dakota.After Brenda and the child moved to North Dakota, the Burleigh County district court registered the California court’s divorce judgment and orders. Later, the Burleigh County district court assumed jurisdiction over the child custody and parenting determinations. Joseph Field filed a motion to modify his parenting time, which Brenda Field opposed. After a hearing, the Burleigh County district court issued an amended judgment modifying parenting time, decision-making, and certain expenses to be paid by the parties.Joseph Field appealed, arguing that the Burleigh County district court lacked jurisdiction to modify the child support order because a California court retained jurisdiction under the Uniform Interstate Family Support Act. He also argued that the modified parenting plan was not in the child’s best interests.The Supreme Court of North Dakota affirmed the decision of the Burleigh County district court. The court found that Joseph Field had not provided sufficient evidence to support his argument that the Burleigh County district court lacked jurisdiction over child support. The court also found that the district court’s decision to modify the parties’ parenting time was not clearly erroneous and was in the best interests of the child. View "Field v. Field" on Justia Law

The case involves a dispute between Keisha Kemmet and Lindell Kemmet, who were married in September 2016 and separated in June 2021. The main issues in the case revolve around the distribution of marital property following their divorce. Keisha Kemmet argues that the district court's distribution of marital property was not equitable, the court's valuation of land was clearly erroneous, and the court's computations contain errors. Lindell Kemmet cross-appeals, arguing that the court's valuations of his remainder interest in his family's homestead, personal property items, and his dental practice were clearly erroneous. He also argues that the distribution of marital property is not equitable, the provision regarding health insurance is ambiguous, and the court abused its discretion by failing to allow for cross-examination of Keisha Kemmet’s expert witness.The district court had valued the parties' property and debts and made an equitable distribution. Both parties presented testimony regarding the valuation of the land and the dental practice. The district court issued its findings of fact, conclusions of law, and order for judgment and judgment. Both parties appealed.The Supreme Court of North Dakota found that the district court's valuation of the Kidder County property and the dental practice was not clearly erroneous. The court's valuations of these items were within the range of the evidence presented. However, the court's execution of the distribution created confusion and required clarification. The Supreme Court remanded the issue for proper accounting of the distribution of the marital estate. The court also found that the district court's finding of an equitable distribution of 40% to Keisha Kemmet in a short-term marriage was not clearly erroneous. The court's findings and distributions were supported by the record. The Supreme Court affirmed the judgment in all other respects, except for the court's findings regarding the valuation and distribution of the Kidder County property, which must be clarified and its distributions reconsidered. View "Kemmet v. Kemmet" on Justia Law

The case involves Laura Cote and Adam Cote, who were divorced in November 2022. The divorce agreement prohibited exposing their children to felons and known sex offenders. However, Laura Cote began dating Steven Alexander, a convicted sex offender, in August 2022. In April 2023, Adam Cote filed a motion to modify residential responsibility and sought a contempt sanction against Laura Cote for violating the terms of the judgment by allowing Alexander to be around the children. He also filed a motion to compel discovery seeking communications between Laura Cote and Alexander and Laura Cote’s bank statements.The District Court of Ward County found Laura Cote in contempt of court for allowing and encouraging contact between the children and Alexander. However, the court denied Adam Cote’s motion for primary residential responsibility, deeming it an "extreme remedy." Instead, the court ordered that the children have no contact with Alexander and warned Laura Cote of significant consequences for non-compliance. The court also denied Adam Cote’s motion to compel discovery.In the Supreme Court of North Dakota, Adam Cote appealed the district court's orders denying his motion to modify residential responsibility and motion to compel discovery. Laura Cote cross-appealed the order finding her in contempt of court. The Supreme Court affirmed the lower court's decision in part, agreeing that the court did not abuse its discretion in denying Adam Cote’s motion to compel discovery or in finding Laura Cote in contempt of court. However, the Supreme Court found that the district court failed to make necessary findings regarding the best interest factors for the Supreme Court to provide a meaningful review of the district court’s denial of a modification of primary residential responsibility. Therefore, the Supreme Court reversed in part and remanded the case with instructions to provide findings on the best interests of the children. View "Cote v. Cote" on Justia Law

In this case, J.C.P., the father of A.P., appealed a juvenile court's decision to terminate his parental rights. The child had been placed in protective custody due to his negligence and was adjudicated in need of protection. Both parents were in default, and the court had extended protective custody for an additional nine months. The mother did not appear at any of the hearings, but J.C.P. did, except for the final status conference. At this conference, the State moved for default against J.C.P., and the court agreed, terminating both parents' rights.J.C.P. argued that the court had abused its discretion by taking judicial notice of the affidavit underlying the petition without receiving testimony or other evidence in support of termination. He claimed that the court's findings were erroneous as they were not supported by evidence in the record. The Supreme Court of North Dakota agreed, finding that the juvenile court had abused its discretion by relying on an affidavit that the State never offered and the court never received into evidence.The court also pointed out that the juvenile court should not have accepted the qualified expert witness's affidavit instead of testimony, as the parties had not stipulated to this. The Court concluded that the juvenile court's findings on termination were clearly erroneous because they were not supported by evidence in the record. As a result, the Supreme Court of North Dakota reversed the juvenile court order terminating parental rights and remanded the case for further proceedings. View "Interest of A.P." on Justia Law

In this case, the Supreme Court of North Dakota was tasked with reviewing a lower court's decision to grant a mother's request to relocate her children to Minnesota after she remarried. The father contested the relocation, claiming that the lower court misapplied certain factors when making its decision and placed too much emphasis on the mother's new marriage.In the original divorce settlement, the mother received primary residential responsibility, and the father was granted weekly parenting time. However, after the mother remarried and sought to move to Minnesota to live with her new husband, she requested permission from the court to relocate the children. The father opposed the move.The lower court ruled in favor of the mother, finding that the move was in the best interests of the children. The court considered the Stout-Hawkinson factors, which include the prospective advantages of the move, the integrity of the custodial parent's motive for relocation, the integrity of the noncustodial parent's motives for opposing the move, and the potential negative impact on the relationship between the noncustodial parent and the child. The court found that the first two factors favored the mother, and that while the fourth factor was not in her favor, it did not outweigh the strength of the other factors.On appeal, the Supreme Court affirmed the lower court's decision. The court found that the lower court had not erred in its application of the Stout-Hawkinson factors, and that the evidence supported the lower court's findings. The court also rejected the father's claim that the lower court had created a "super factor" by placing too much emphasis on the mother's new marriage, noting that the lower court had considered all relevant factors in making its decision. View "Nelson v. Nelson" on Justia Law

In this case from the Supreme Court of North Dakota, Alexander Williams, the appellant, appealed the dismissal of his petition for nonparent visitation rights to I.H.L., a child from his ex-wife's previous relationship. Williams had been a consistent caretaker of I.H.L. since 2014 and had maintained a close relationship with the child, even after his divorce from the child's mother, Stefaney Vraa. However, following a disagreement with Vraa, Williams was denied visitation rights. The district court dismissed Williams’ petition on the grounds that he had failed to establish a prima facie case for nonparent visitation, specifically that he did not satisfy the requirements of a consistent caretaker.The Supreme Court of North Dakota reversed and remanded the decision, concluding that Williams had indeed established a prima facie case for nonparent visitation, warranting an evidentiary hearing. The court decided that Williams had shown he was a consistent caretaker for I.H.L., having lived with and cared for the child for more than 12 months, made day-to-day decisions for the child, and established a bonded and dependent relationship with the child. The court also found that Williams had shown a substantial relationship with the child, and that denying him visitation would result in harm to the child, given the evidence of increased anxiety and distress in the child following the denial of visitation. View "Williams v. Vraa" on Justia Law

In this case, the Supreme Court of the State of North Dakota dealt with a dispute between divorced parents, Nickolette Keller and Michael Keller, over tax exemptions for their children. The divorce judgement had allocated the right to claim the oldest child to Michael Keller and the younger child to Nickolette Keller. In 2023, Michael Keller attempted to claim his eldest child on his taxes, but received a letter from the child, facilitated by Nickolette Keller, stating the child would be filing his own taxes. Consequently, Michael Keller filed a motion for contempt against Nickolette Keller.The district court found Nickolette Keller in contempt for willful and inexcusable intent to violate the court order and awarded Michael Keller attorney’s fees up to when Nickolette Keller provided the necessary tax form. The Supreme Court of the State of North Dakota affirmed the district court's decision, holding that Nickolette Keller's refusal to comply with the divorce judgement and her facilitation of the child's letter constituted contempt.Michael Keller cross-appealed, arguing the district court erred in not awarding him the full amount of attorney’s fees. The Supreme Court denied his claim, holding that the district court did not abuse its discretion in not awarding Michael Keller attorney’s fees incurred after Nickolette Keller provided him the IRS form. Michael Keller also unsuccessfully requested attorney’s fees on appeal, which the Supreme Court denied due to inadequate briefing and argument. View "Keller v. Keller" on Justia Law