948 N.W.2d 25
N.D.2020Background
- Alysha Instasi and Jeremy Hiebert are parents of two children; Washington entered a custody judgment in December 2015 addressing residential responsibility, parenting time, and support.
- Instasi filed a motion in North Dakota (July 2018) to amend the Washington custody judgment, stating by affidavit that she and the children had lived in North Dakota since October 2015.
- A default judgment was entered after Hiebert did not respond; Hiebert later moved (June 2019) to vacate the default, contesting North Dakota court jurisdiction.
- The North Dakota district court vacated the default and dismissed Instasi’s motion, concluding it lacked jurisdiction to modify Washington’s initial custody determination under the UCCJEA.
- The court found Washington had made the initial custody determination and had not relinquished exclusive, continuing jurisdiction nor been shown to be a less convenient forum; no concurrent Washington proceeding existed requiring mandatory intercourt communication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ND court had jurisdiction to modify a Washington child custody determination under the UCCJEA | Instasi: ND court erred; should have held evidentiary hearing and communicated with Washington; ND is proper forum given residence facts | Hiebert: ND lacks jurisdiction because Washington made the initial custody determination and retains exclusive, continuing jurisdiction; no Washington order relinquishing jurisdiction or finding ND a more convenient forum | Court: Affirmed dismissal — ND lacked jurisdiction under N.D.C.C. ch. 14-14.1 because prerequisites for modification were not met |
Key Cases Cited
- Schweitzer v. Miller, 941 N.W.2d 571 (N.D. 2020) (subject-matter jurisdiction reviewed de novo; UCCJEA principles applied)