Norby v. Hinesley, et al.Annotate this Case
Aimee Norby and Robert Hinesley were the parents of a child born in 2012. In 2014, Norby filed and served a complaint seeking primary residential responsibility over the child. Norby was awarded primary residential responsibility, and Hinesley was awarded parenting time. In March 2019, Norby married Lyle Anderson. Anderson worked as a diesel mechanic in the Williston, North Dakota, area. Anderson grew up in Smithville, Missouri, and owned a home there. Smithville was a town of approximately 10,000 people about twenty minutes north of Kansas City, Missouri. Norby and Anderson resided in Williston with the Norby’s and Hinesley’s child. Hinesley also lived in Williston. Norby filed a motion to relocate to Smithville with the child. Hinesley opposed Norby’s motion and filed a motion to change primary residential responsibility or modify parenting time. The district court denied Norby’s motion to relocate. On appeal, Norby argued the district court erred in denying her motion, that the district court’s findings under the two Stout-Hawkinson factors were clearly erroneous. She argued the evidence demonstrated an out of state move had prospective advantages that would improve her and the child’s quality of life. The North Dakota Supreme Court concluded sufficient evidence supported the district court’s finding on factor one. Norby also argued the district court’s findings were clearly erroneous because there was no indication the move was premised upon an effort to limit Hinesley’s parenting time. The Supreme Court concluded sufficient evidence supported the district court’s finding on factor two. The Court thus affirmed denial fo Norby's motion to relocate.