Canerdy v. Canerdy, et al.
Annotate this Caseason Canerdy appealed a district court order denying his motion for contempt and his motion to modify primary residential responsibility without an evidentiary hearing. Jason and Samantha Canerdy were divorced in June 2020. The parties had two minor children. The judgment awarded Samantha primary residential responsibility and Jason reasonable parenting time. In April 2021, Jason filed a motion to modify the judgment to be awarded primary residential responsibility of the minor children, or in the alternative, be awarded equal residential responsibility. Jason also filed a motion for contempt for Samantha's interference with his parenting time. The district court denied Jason's motion for contempt and his motion to modify the judgment for primary residential responsibility without an evidentiary hearing. The court found that there was no evidence that Samantha disobeyed the judgment, and that she had not committed contempt of court. Further, the court found no persistent and willful denial of parenting time, no evidence that the children were in any danger, and no evidence that primary residential responsibility changed. The court stated that Jason did not take responsibility for his own inaction in regard to not spending as much time with his minor children because he did not regularly attend or participate in their dance activities. The court noted that Jason would seek to make up his parenting time when the dance activities occur on his scheduled weekend. After review, the North Dakota Supreme Court concluded Jason established a prima facie case for modification and was entitled to an evidentiary hearing. The Court affirmed the district court in all other respects, and remanded the case for further proceedings.
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