Forsman v. Blues, Brews and Bar-B-Ques, Inc.
2012 ND 184
| N.D. | 2012Background
- Svetlana Seay and Darren Seay met in Ukraine (2003) and later married (2004).
- Svetlana moved to North Dakota with her son N.A.S. in 2004; A.M.S. was born 2005; N.A.S. was adopted by Darren in 2006.
- The family resided in Wishek; Darren worked as a pharmacist and Svetlana as a part-time hairstylist.
- The couple separated in 2010; Svetlana sued for divorce.
- District court awarded Svetlana primary residential responsibility for both children and granted Darren parenting time with A.M.S., and allowed Svetlana to move out of North Dakota with the children without further consent.
- Darren was ordered to pay child support, spousal support, and to purchase/maintain a life insurance policy on himself as security for future support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Svetlana’s primary custody award is clearly erroneous | Seay argues Svetlana better promotes the children's best interests. | Seay contends custody should not be primarily Svetlana's due to weight of evidence. | Not clearly erroneous; in Svetlana’s favor. |
| Whether life insurance as security for future support is an improper deviation | Seay argues the policy constitutes improper upward deviation from guidelines. | Seay asserts no proper security should be required without facts on cost/availability. | Proper exercise of discretion; not an improper deviation. |
| Whether Svetlana may relocate out of state with the children without consent or court order | Svetlana claims relocation is permitted to meet needs with potential consequences to parenting time. | Seay argues relocation requires court order/consent; Stout-Hawkinson factors must be addressed. | Relocation order reversed; move out of state requires consent or court order and proper consideration of Stout-Hawkinson factors. |
Key Cases Cited
- Morris v. Moller, 2012 ND 74 (ND 2012) (guides standard for best-interests in custody decisions)
- Miller v. Mees, 2011 ND 166 (ND 2011) (best interests factors applied in custody)
- Pember v. Shapiro, 2011 ND 31 (ND 2011) (best interests factors; relocation context guidance)
- Duff v. Kearns-Duff, 2010 ND 247 (ND 2010) (deference to district court on custody findings)
- Snyder v. Snyder, 2010 ND 161 (ND 2010) (security for spousal support; cost/availability considerations)
- Wold v. Wold, 2008 ND 14 (ND 2008) (security for support obligations doctrine)
- Gilbert v. Gilbert, 2007 ND 66 (ND 2007) (Stout-Hawkinson factors require consideration in relocation cases)
- Stout v. Stout, 1997 ND 61 (ND 1997) (early framework for relocation analysis)
- Hawkinson v. Hawkinson, 1999 ND 58 (ND 1999) (relocation factors in custody disputes)