Green v. Swiers
2018 ND 258
| N.D. | 2018Background
- Parents Brittany Green (custodial) and Scott Swiers share a child born June 2016; initial stipulation (Oct 2016) gave Green primary residential responsibility and set Swiers’ parenting time.
- Green sought court permission to relocate to Seattle to live with her fiancé; Swiers opposed and moved to modify custody/parenting time.
- District court denied Green’s relocation request, denied Swiers’ request to change primary residential responsibility, but modified the parenting time schedule in Swiers’ favor.
- District court relied on the Stout–Hawkinson relocation factors, finding insufficient prospective advantages from the move, mixed motive (including desire to distance child from Swiers), and a risk Green would not foster or comply with visitation.
- For parenting-time modification, the court found a material change in circumstances (attempted alienation/limitation of visitation) sufficient to justify modifying the parenting schedule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly denied Green’s relocation request under the Stout–Hawkinson factors | Green: Court misapplied/weighed factors; move improves child’s quality of life and follows fiancé (analogy to Booen) | Swiers: Move would reduce support network, provide no employment benefit, motivated to distance child, and would impede visitation | Affirmed — court’s findings on factors 1, 2, and 4 are supported by evidence and not clearly erroneous |
| Whether there was a material change in circumstances to modify parenting time | Green: No material change warranting modification | Swiers: Green frustrated visitation and attempted to alienate child, constituting material change | Affirmed — court reasonably found important new facts (attempted alienation/limiting visitation) supporting modification |
Key Cases Cited
- Larson v. Larson, 878 N.W.2d 54 (N.D. 2016) (standard for relocation burden and appellate review of relocation rulings)
- Stout v. Stout, 560 N.W.2d 903 (N.D. 1997) (sets four-factor test to evaluate relocation)
- Hawkinson v. Hawkinson, 591 N.W.2d 144 (N.D. 1999) (modification and clarification of Stout factors)
- Dufner v. Trottier, 778 N.W.2d 586 (N.D. 2010) (attempted alienation can be a material change for modifying parenting time)
- Bredeson v. Mackey, 842 N.W.2d 860 (N.D. 2014) (standard for modifying parenting time)