Hillestad v. Small
Citations
- 2023 ND 195
Syllabus
There is no presumption in North Dakota law for or against equal residential responsibility. Primary caretakers do not receive presumptive status but may receive recognition in residential responsibility determinations. A holiday schedule is not clearly erroneous if it is in the best interests of the child. Tie-breaking decision-making authority must be awarded in the best interests of the child.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that ministerial tasks “have been held not to require the exercise of discretionary authority and do not, therefore, implicate any fiduciary duty”
- outlining functions of a fiduciary and stating that “a person has fiduciary status only to the extent that he has or exercises the described authority or responsibility”
- identifying examples of conduct not implicating fiduciary duty
- identifying examples of conduct not implicating fiduciary duty
Source: CourtListener parenthetical corpus (CC0).
Judges: Bahr, Douglas Alan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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