Jensen v. Deaver, 828 N.W.2d 533

Jensen and Deaver divorced in 2009; Jensen had primary residential responsibility, Deaver had parenting time.
Jensen filed an emergency motion on June 28, 2012 to suspend Deaver’s parenting time due to alleged abuse by his fiancé’s eight-year-old daughter.
The district court issued an ex parte order on June 28, 2012 suspending Deaver’s parenting time and requiring supervised time away from the fiancé and her daughter.
Deaver challenged the ex parte order, arguing lack of notice and improper procedure under N.D.R.Ct. 8.2; Jensen argued emergency necessity and proper service.
After a July 31, 2012 evidentiary hearing, the district court ordered continued supervised time outside the fiancé’s presence, finding the children credible and that abuse occurred; the court noted Deaver’s denial harmed the children.
The Supreme Court affirmed the order, addressing due process concerns but ultimately sustaining the restriction on parenting time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ex parte order procedure compliance under Rule 8.2	Deaver argues lack of notice and due process	Jensen contends emergency necessity and proper service	Ex parte procedure not satisfied, but post-hearing order upheld
Whether the restricted parenting time was supported by proof of harm	Kept parenting time restricted due to alleged harm	Evidence shows abuse in the home and failures to protect the children	Order restricting parenting time not clearly erroneous; supported by substantial evidence

Keita v. Keita, 2012 ND 234 (ND 2012) (necessity of detailed harm showing for restrictions on parenting time)
Wolt v. Wolt, 2010 ND 26 (ND 2010) (best interests and harm-based restrictions on parenting time)
Marquette v. Marquette, 2006 ND 154 (ND 2006) (restriction may be imposed when likely to endanger child health)
Martire v. Martire, 2012 ND 197 (ND 2012) (standard of review for parenting-time findings)
Marsden v. Koop, 2010 ND 196 (ND 2010) (specificity and sufficiency of factual findings)