Narrative Opinion Summary
Dawn M. Kirby appealed a trial court order from the Cass County District Court, presided over by Judge Steven L. Marquart, which denied her motion to modify the primary residential responsibility of her minor child. Kirby contended that she had presented adequate evidence to support her request for modification. However, the Supreme Court of North Dakota affirmed the trial court's decision, finding that the determination that Kirby failed to demonstrate a significant or material change in circumstances was not clearly erroneous. The court's ruling was issued per curiam, with no appearance by the plaintiff, Brian L. Sweeney, and the case was submitted on brief by Vanessa Rose Berge, representing the defendant and appellant.
Legal Issues Addressed
Modification of Primary Residential Responsibilitysubscribe to see similar legal issues
Application: The court evaluated the appellant's evidence but determined that there was no significant change in circumstances to warrant a modification of the custody arrangement.
Reasoning: Kirby contended that she had presented adequate evidence to support her request for modification. However, the Supreme Court of North Dakota affirmed the trial court's decision, finding that the determination that Kirby failed to demonstrate a significant or material change in circumstances was not clearly erroneous.
Standard of Review for Custody Decisionssubscribe to see similar legal issues
Application: The Supreme Court applied the 'clearly erroneous' standard to review the trial court's findings regarding the change in circumstances necessary for custody modification.
Reasoning: The Supreme Court of North Dakota affirmed the trial court's decision, finding that the determination that Kirby failed to demonstrate a significant or material change in circumstances was not clearly erroneous.
Submission on Brief Without Oral Argumentsubscribe to see similar legal issues
Application: The case was decided based on written briefs without oral arguments, as indicated by the absence of the plaintiff and representation solely by the defendant's counsel.
Reasoning: The court's ruling was issued per curiam, with no appearance by the plaintiff, Brian L. Sweeney, and the case was submitted on brief by Vanessa Rose Berge, representing the defendant and appellant.