Kerzmann v. Kerzmann

Citations

• 965 N.W.2d 427
• 2021 ND 183

Syllabus

To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6). When a party has submitted an affidavit alleging first-hand knowledge of events that constitute a material change in circumstances and implicate the best interest factors, an evidentiary hearing on the motion must be held. This Court exercises discretion in determining whether to administer sanctions on appeal.