Matthew Adam Thomas v. SummerLee Candy Thomas

Summary

The North Dakota Supreme Court reviewed a divorce judgment granting the parties joint residential responsibility for their children. The court affirmed in part and remanded while retaining jurisdiction, instructing the district court to make specific findings regarding the domestic-violence presumption under N.D.C.C. § 14-09-06.2(1)(j) and the treatment of the parties’ stipulated parenting plan.

Holdings

1. The district court's findings under N.D.C.C. § 14-09-06.2(1)(a) and (c) were not clearly erroneous.
2. The district court's findings were insufficient to determine whether the evidence triggered the rebuttable presumption against awarding residential responsibility to a perpetrator of domestic violence under N.D.C.C. § 14-09-06.2(1)(j). The district court was required to determine whether the multiple slapping incidents constituted a pattern of domestic violence within a reasonable time proximate to the proceeding and, if so, whether the presumption was rebutted.
3. A district court is not bound to accept a stipulation concerning child custody and care, but if it declines to adopt all or part of the stipulation, it must make findings explaining that the rejected provisions are not in the children's best interests.

Questions Presented

1. Whether the district court's findings under child-custody best-interest factors (a) and (c) were clearly erroneous.
2. Whether the district court adequately determined whether the evidence of domestic violence triggered the rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j), including the statutory pattern-of-domestic-violence alternative.
3. Whether the district court was required to include the entire stipulated parenting agreement or make findings explaining why omitted provisions were not in the children's best interests.

Disposition

reversed_and_remanded