Zeller v. Zeller

Summary

The Supreme Court of North Dakota held that a stipulated divorce provision requiring an automatic transfer of physical custody upon a parent’s relocation was unenforceable. The court concluded that the district court improperly treated the stipulation as controlling instead of applying the best-interest factors governing interstate relocation, reversed the order denying relocation, and remanded for entry of an order granting the motion with appropriate visitation provisions.

Holdings

1. A stipulated divorce provision for an automatic change in custody upon the occurrence of a future event is unenforceable; parents may not, by agreement, limit the district court's continuing authority to determine custody according to the children's best interests.
2. The district court reversibly erred by denying Jenny's relocation request after finding that the relevant relocation factors favored her request.

Questions Presented

1. Whether a custodial parent may relocate children to another state when the relocation factors favor the move.
2. Whether a divorce judgment may enforce a stipulated provision automatically transferring custody upon the occurrence of a future event, such as the custodial parent's relocation.
3. Whether the district court clearly erred by denying relocation based on its conclusion that the stipulated automatic custody-transfer provision was the law of the case.

Disposition

reversed_and_remanded