State v. Aabrekke
2011 ND 131
| N.D. | 2011Background
- This is an appeal from a district court judgment granting Martinez primary residential responsibility for the child C.R.S.
- Smith and Martinez have a non-marital relationship and one child born in 2009; Martinez moved to Texas after birth.
- The district court awarded Martinez primary residential responsibility with Smith has parenting time.
- Both parties alleged domestic violence by the other; the district court made some domestic-violence findings but did not address the presumption.
- Smith appeals arguing the court failed to apply the domestic-violence presumption and challenged several best-interest factors.
- The Supreme Court reverses and remands for more detailed findings on factor (j) and the domestic-violence presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the domestic violence presumption applies under factor (j) | Smith asserts the presumption should apply given credible domestic-violence evidence. | Martinez contends the presumption does not apply because findings are not adequate to trigger it. | Remand to determine applicability of presumption with detailed findings. |
| Whether the district court adequately addressed factor (d) about home environment | Smith argues findings do not match the evidence on home stability. | Martinez claims evidence supports her stable home environment. | Findings inadequate; remand for proper analysis of factor (d). |
| Whether the district court adequately addressed factor (e) on facilitating parenting time | Smith contends Martinez hindered parenting time. | Martinez says she intends to promote parenting time and explained her actions. | Findings sufficient but require further addressing in light of remand. |
| Whether the overall findings on best-interests factors were adequate under ND law | Smith argues multiple factors were inadequately addressed. | Martinez relies on the court’s findings supporting her custodial award. | Remand for detailed, legally compliant findings on factor (j) and related issues. |
Key Cases Cited
- Boeckel v. Boeckel, 2010 ND 130 (ND 2010) (clear error standard for custody decisions; presumption guidance when domestic violence present)
- Duff v. Kearns-Duff, 2010 ND 247 (ND 2010) (standard for reviewing best-interests findings; weight of evidence discretion)
- Gietzen v. Gabel, 2006 ND 153 (ND 2006) (need for detailed factual findings to support conclusions on domestic violence)
- Cox v. Cox, 2000 ND 144 (ND 2000) (requirement for detailed findings when applying domestic-violence presumption)
- P.A. v. A.H.O., 2008 ND 194 (ND 2008) (addressing sufficiency of findings under best-interests framework)