Anderson v. Pedie

Citations

• 969 N.W.2d 459
• 2022 ND 19

Syllabus

A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge. The district court has discretion to award attorney's fees as part of a remedial sanction for contempt to reimburse the complainant for costs and expenses incurred as a result of the contempt. Whether to administer sanctions under N.D.R.App.P. 13 for noncompliance with the Rules of Appellate Procedure is discretionary with this Court.