Fleck v. Fleck

Citations

• 993 N.W.2d 534
• 2023 ND 129

Syllabus

Whether to allow evidence on a motion, and what type of evidence to allow, is within the sound discretion of the district court. The remedy for unfair surprise is a continuance. A movant requesting changed parenting time is not required to establish a prima facie case to obtain an evidentiary hearing. The standard for determining whether a material change in circumstances has occurred for purposes of modifying parenting time does not require an adverse effect on the child or a resulting decline in the child's condition. A party may not use subsequent proceedings to collaterally attack a final decision that was not appealed.