In the Interest of Payton R. Spicer

Summary

The Supreme Court of North Dakota affirmed an amended judgment addressing contempt, parental relocation, and modification of a visitation schedule. The court held that the district court adequately explained its decision not to find the custodial parent in contempt, did not clearly err in finding that the noncustodial parent consented to the child's relocation to Michigan, and did not clearly err in modifying visitation. The court also denied the request for appellate attorney's fees and costs.

Holdings

1. The district court adequately explained its decision and did not abuse its discretion in finding Collette was not in contempt for failing to comply with the prior visitation judgment.
2. The district court did not clearly err in finding that Spicer consented to Collette's relocation with the child to Michigan.
3. The district court did not clearly err in modifying the visitation schedule following the child's relocation to Michigan.
4. Collette was not entitled to attorney's fees and costs because Spicer's appeal was not frivolous or taken in bad faith.

Questions Presented

1. Whether the district court adequately addressed Spicer's contempt motion and whether its finding that Collette was not in contempt constituted an abuse of discretion.
2. Whether the district court clearly erred in finding that Spicer consented to Collette's relocation with the child to Michigan.
3. Whether the district court clearly erred in modifying the visitation schedule after the relocation.
4. Whether Collette was entitled to attorney's fees and costs on appeal under N.D.R.App.P. 38.

Disposition

affirmed