Frueh v. Frueh

Summary

The Supreme Court of North Dakota held that Darin Frueh presented sufficient competent evidence to establish a prima facie case for modification of child custody. The court reversed the denial of an evidentiary hearing and remanded, concluding that conflicting affidavits could not be weighed at the prima facie stage.

Holdings

1. Frueh presented sufficient competent evidence to establish a prima facie case warranting an evidentiary hearing on his motion for change of custody.
2. A district court may not weigh conflicting allegations in affidavits when deciding whether a prima facie case for custody modification has been established.
3. The majority applied an abuse-of-discretion standard to review the denial of an evidentiary hearing on a change-of-custody motion.

Questions Presented

1. Whether Frueh presented sufficient competent evidence to establish a prima facie case for modification of custody under N.D.C.C. § 14-09-06.6(4).
2. Whether the district court improperly weighed conflicting affidavits rather than determining whether the moving papers established a prima facie case warranting an evidentiary hearing.
3. What standard of review applies to the denial of an evidentiary hearing on a motion to modify custody.

Disposition

reversed_and_remanded