[¶ 1] Leslie Wade Miller appeals from an order denying without an evidentiary hearing his motion to change the primary residential responsibility for his son, B.P.M., from Jenny Lynn Miller, now known as Jenny Sailer, to himself. We affirm, concluding the district court did not err in ruling Miller failed to establish a prima facie case justifying a change of primary residential responsibility.
I
[¶ 2] Miller and Sailer were divorced in 2003. Under the parties’ agreement, Sail-er was granted primary residential responsibility for the couple’s two children and Miller was granted parenting time. In 2007 Miller brought a motion to change the primary residential responsibility for B.P.M., the oldest child. Miller alleged that B.P.M., “a special needs child,” was not happy living with Sailer and that Sailer had improperly taken B.P.M. off medication, removed him from special education classes, moved several times, and lived with a boyfriend. The district court denied the motion, concluding Miller had not established a prima facie case to require an evidentiary hearing.
[¶ 3] In March 2012, Miller again moved to change primary residential responsibility for B.P.M., who was then 15 years old and an eighth-grade student. In support of the motion, Miller presented his affidavit, B.P.M.’s affidavit, and several of B.P.M.’s report cards. Many allegations mirrored those made in support of the 2007 motion. Miller also alleged Sailer had arguments with B.P.M., had contacted law enforcement about his behavior, and had taken him to juvenile youth services and threatened to send him to Dakota Boys Ranch. Miller alleged Sailer interfered with his relationship with B.P.M., did not provide for B.P.M.’s needs, and B.P.M.’s poor school performance improved during a two-month period he lived with Miller. B.P.M. alleged he argued with Sailer and stated he preferred to live with Miller. In response to the motion, Sailer presented her affidavit and several of B.P.M.’s class grade reports. Sailer provided details to counter or explain the allegations made against her and objected to hearsay statements contained in the documents filed by Miller.
[¶ 4] The district court denied Miller’s motion without holding an evidentiary hearing, concluding the affidavits and other evidence presented in support of the motion did not establish a prima facie case justifying a change of primary residential responsibility. The court interpreted the
II
[¶ 5] Miller argues the district court erred in ruling he failed to establish a prima facie case to support a change ■ of primary residential responsibility.
[¶ 6] Under N.D.C.C. § 14-09-06.6(6), a court may modify primary residential responsibility after a two-year period following the date of entry of an order establishing primary residential responsibility if the court finds “[o]n the basis of facts that have arisen since the prior order or which were unknown to the court at the time of the prior order, a material change has occurred in the circumstances of the child or the parties,” and the “modification is necessary to serve the best interest of the child.” A motion must be denied without an evidentiary hearing “unless the court finds the moving party has established a prima facie case justifying a modification.” N.D.C.C. § 14-09-06.6(4). In
Thompson v. Thompson,
Whether the moving party established a prima facie case is a question of law, which is reviewed de novo on appeal. Wolt v. Wolt,2011 ND 170 , ¶9,803 N.W.2d 534 . The moving party has the burden to establish a prima facie case justifying modification. Ehli v. Joyce,2010 ND 199 , ¶ 7,789 N.W.2d 560 . This Court has said:
A prima facie case is a bare minimum and requires facts which, if proved at an evidentiary hearing, would support a change of custody that could be affirmed if appealed. When determining whether a prima facie case has been established, a court may not weigh conflicting allegations in affidavits. However, allegations alone do not establish a prima facie case, affidavits must include competent information, which usually requires the af-fiant to have first-hand knowledge, and witnesses are generally not competent to testify to suspected facts. Affidavits are not competent if they fail to show a basis for actual personal knowledge, or if they state conclusions without the support of evidentiary facts.
Id. (citations omitted). A material change in circumstances is an important new fact that was unknown at the time of the prior custody decision. Id. at ¶ 8. A material change in circumstances may exist when there has been an attempt to alienate a child’s affection for a parent or when there has been a frustration of visitation. Id. A significant change in the actual arrangement for primary residential responsibility from the arrangement contemplated by the prior order may also be a material change in circumstances. See id. at ¶ 10.
A mature child’s reasonable preference to live with a particular parent may constitute a material change in circumstances to justify a change in primary residential responsibility if there are persuasive reasons for that preference.
See, e.g., Frison v. Ohlhauser,
[¶ 7] Some of the hearsay in Miller’s affidavit relates to his allegations about Sailer taking B.P.M. off of medications, Sailer’s living arrangements, and Sailer’s educational choices for B.P.M.
[¶ 8] Miller contends a de facto change of primary residential responsibility occurred when, with Sailer’s consent, B.P.M. lived with him for a two-month period from October 2011 until December 2011. Although a “significant change in the actual arrangement for primary residential responsibility from the arrangement contemplated by the prior order may also be a material change in circumstances,”
Thompson,
[¶ 9] Miller argues that his life has “improved” while Sailer’s life has “declined,” and Sailer has failed to provide for B.P.M.’s needs. In his affidavit, Miller asserted “[m]y life has improved greatly” and “I have a more steady job,” while “Jenny’s life has declined, particularly in regards to her relationship with BPM” because “they argue constantly.” B.P.M. in his affidavit complained that “my mom and I argued all the time.” Miller further asserted “I have always had to provide boots and clothing throughout the years and when BPM came to live with me I had to buy him new everything ... because he came with the clothes on his back.” Miller’s assertion about the improvements in his life is a conclusory allegation,
see, e.g., Sweeney v. Kirby,
[¶ 10] Miller argues Sailer is a detriment to B.P.M.’s physical or emotional health or development because “Jenny called the cops,” she “took him to the Dickinson Juvenile Youth Program,” and she “has threatened to send him to Dakota Boy’s Ranch.” A parent responsible for a child’s care and supervision may discipline the child and may use reasonable force to do so.
See, e.g., Rudnick v. Rode,
[¶ 12] Miller argues the district court erred in not giving substantial weight to B.P.M.’s preference to live with him, and at the very least, erred in failing to hold a hearing to determine if B.P.M. was sufficiently mature to express a preference. We agree that, as children mature, more weight should be given to then-preferences if there are persuasive reasons for their preferences.
See Volz v. Peterson,
[¶ 13] Second, Miller relies on B.P.M.’s affidavit in which B.P.M. states:
1. I have wanted to live with my dad for many, many years. Anytime I asked to stay with dad more the answer was always no. When I would ask why, mom would say, because.
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5. I do not want to live with my mom. I want to live with my dad. Living with my dad was less stressful and made it easier to cope at school. When I lived with dad the only thing I worried about every day was going back to my moms [sic]. At mom’s I don’t ever get the things ever that I want or ask for and mom always says you’ll get what I decide.
We agree with the district court that the reason for B.P.M.’s preference is he “does not agree with some of the restrictions and requirements Jenny imposes upon him.” This is not a persuasive reason for a child’s preference to live with the other parent. The court appears to have improperly relied on the whole content of Sailer’s affidavit to determine B.P.M. was not sufficiently mature to give weight to his preference because a court may not weigh conflicting allegations in affidavits.
See Thompson,
[¶ 14] It is unnecessary to address other arguments raised because they are without merit or are unnecessary to the decision. Miller’s allegations, if proved at an evidentiary hearing, would not support
Ill
[¶ 15] The order is affirmed.