Wolt v. Wolt
2011 ND 170
| N.D. | 2011Background
- Kathy Wolt and Steve Wolt married in 1994 and have three minor children.
- Their March 2009 divorce judgment awarded Kathy primary residential responsibility and Steve supervised parenting time.
- This Court affirmed the divorce judgment in Wolt I and affirmed a domestic violence protection order in Wolt II.
- Post-judgment, Steve’s supervised visits at the Family Safety Center were terminated for his failure to follow guidelines.
- In 2009–2010, two older children were placed with social services and adjudicated deprived in juvenile court, due in part to Steve’s alienation of Kathy’s custody.
- In May 2010, Steve moved to amend the divorce judgment to change primary residential responsibility and to modify parenting time; the district court denied both requests and awarded Kathy attorney’s fees; Steve sought Rule 60 relief, which the court also denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying an evidentiary hearing on modification of primary residential responsibility | Wolt asserts a prima facie case justifies a hearing | Wolt contends a hearing is warranted to develop evidence | Denied hearing; court correct to deny |
| Whether the district court erred in denying a hearing on the parenting-time modification | Wolt seeks hearing under governing rules for parenting time | Wolt's request should be decided on briefs; no hearing needed | District court erred; remanded for a hearing on parenting time |
| Whether the attorney’s-fee sanction against Steve was appropriate | Kathy sought fees for frivolous motion practice | Steve disputes the basis or amount of fees | Fees awarded up to $1,000 affirmed; remand potential for issue tied to parenting time |
| Whether denial of Rule 60 relief was proper | Wolt seeks relief due to newly available evidence | Podrygula report not newly discovered and would not change outcome | Rule 60 relief denied; affirmed |
Key Cases Cited
- Green v. Green, 2009 ND 162 (ND) (prima facie standard for custody modification)
- Frueh v. Frueh, 2008 ND 26 (ND) (prima facie analysis framework for custody rulings)
- Ehli v. Joyce, 2010 ND 199 (ND) (competent affidavits; personal knowledge requirement)
- Dietz v. Dietz, 2007 ND 84 (ND) (procedure for requests to hear related motions)
- Helfenstein v. Schutt, 2007 ND 106 (ND) (material change in circumstances for parenting time)
- Prchal v. Prchal, 2011 ND 62 (ND) (continuing jurisdiction for post-judgment parenting time)
- Dufner v. Trottier, 2010 ND 31 (ND) (standards for best interests and modification of parenting time)