Summary
The North Dakota Supreme Court held that Trina Iverson established a prima facie case for modifying primary residential responsibility of the parties' two youngest children. The court concluded that allegations concerning changed household circumstances, family conflict, and the potential separation of siblings warranted an evidentiary hearing. The district court's order was reversed and the matter was remanded for further proceedings.
Holdings
- Iverson established a prima facie case for modification of primary residential responsibility for G.I.H. and G.O.H. and was entitled to an evidentiary hearing.
- The affidavits opposing modification merely contradicted Iverson's allegations and did not conclusively demonstrate that Iverson was not entitled to modification.
Questions Presented
- Whether Iverson established a prima facie case for modification of primary residential responsibility for G.I.H. and G.O.H.
- Whether the alleged changes in the household, the children's circumstances, and the potential separation of siblings were sufficient to require an evidentiary hearing.
- Whether the district court erred in denying Iverson's motion to amend the findings and order.
Disposition
reversed_and_remanded
Cases Cited (9)
- Thompson v. Thompson, 2012 ND 15, ¶ 6, 809 N.W.2d 331(followed)
- Sweeney v. Kirby, 2013 ND 9, ¶¶ 3, 5, 826 N.W.2d 330(followed)
- Wolt v. Wolt, 2011 ND 170, ¶ 9, 803 N.W.2d 534(followed)
- Kartes v. Kartes, 2013 ND 106, ¶ 9, 831 N.W.2d 731(followed)
- Schumacker v. Schumacker, 2011 ND 75, ¶ 8, 796 N.W.2d 636(followed)
- Schlieve v. Schlieve, 2014 ND 107, ¶ 25, 846 N.W.2d 733(followed)
- Stoppler v. Stoppler, 2001 ND 148, ¶ 7, 633 N.W.2d 142(followed)
- Brouillet v. Brouillet, 2016 ND 40, ¶¶ 12-13, 875 N.W.2d 485(followed)
- Schroeder v. Schroeder, 2014 ND 106, ¶ 19, 846 N.W.2d 716(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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