Stephens v. Lee

Citations

• 2024 ND 122

Syllabus

When determining a parent's motion to relocation a child out of state, a district court must first determine if the non-relocating parent consented or if an existing order or decree permits relocation. If neither was met, the court must determine the merits of the relocation by applying the Stout-Hawkinson factors. The district court's findings under the Stout-Hawkinson factors and denying the motion to relocate is summarily affirmed under N.D.R.App.P. 35(a)(2). The district court's findings on the statutory best interest factors and granting the motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35(a)(2).