Hoverson v. Hoverson

2017 ND 27, 889 N.W.2d 858, 2017 WL 632881, 2017 N.D. LEXIS 24
CourtNorth Dakota Supreme Court
DecidedFebruary 16, 2017
Docket20160175
StatusPublished
Cited by4 cases

This text of 2017 ND 27 (Hoverson v. Hoverson) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoverson v. Hoverson, 2017 ND 27, 889 N.W.2d 858, 2017 WL 632881, 2017 N.D. LEXIS 24 (N.D. 2017).

Opinion

Kapsner, Justice.

[¶ 1] Sandra Hoverson appeals from a district court order resolving a parenting time dispute. Sandra Hoverson argues the district court improperly modified parenting time without a formal motion filed by either party. We conclude the district court’s order did not modify the amended judgment. We affirm the order.

I

[¶ 2] Carl and Sandra Hoverson were married in 2004 and have one child together bom in 2005. The parties were divorced May 1, 2012. The divorce judgment awarded Sandra Hoverson primary residential responsibility and awarded parenting time to Carl Hoverson. Sandra Hoverson appealed, and Carl Hoverson cross-appealed the divorce judgment. Specifically, the parties raised issues about the property distribution, spousal support, child support, and an award of attorney fees to Sandra Hov-erson. The divorce judgment was affirmed in Hoverson v. Hoverson, 2013 ND 48, 828 N.W.2d 510. The case was initially assigned to Judge Clapp, who authored the divorce judgment and the subsequent amended judgment, but was ultimately assigned to Judge Jensen after two district court judges retired.

[¶ 3] The parties struggled with disagreements regarding Carl Hoverson’s parenting time. Carl Hoverson moved the district court for enforcement of parenting time on June 11, 2013. He argued alternatively for appointment of a parenting coordinator to establish an- appropriate parenting time schedule consistent with the judgment. Sandra Hoverson moved to limit Carl Hoverson’s parenting time. The district court held a hearing on both motions April 3rd and 4th, 2014. The district court found Sandra Hoverson engaged in behavior that directly and intentionally interfered with Carl Hoverson’s parenting time. The district court appointed a parenting coordinator and ordered a modification of the judgment to include the following language:

7. Disruption of Parenting Time. Unless requested by the other party or in an emergency, neither party shall assert themselves into a parental role during the other party’s parenting time.

The amended judgment also stated, “In the event of a dispute regarding a major decision, the Parenting Coordinator shall make the decision.” The district court ordered the judgment to reflect that the parenting coordinator shall be utilized to resolve any disputes regarding parenting time. The amended judgment provided a structure for the creation of a parenting time schedule and stated, “[r]eview and confirmation of a schedule by the Parenting Coordinator shall be completed without input from Sandra.” Sandra Hoverson appealed, and this Court affirmed the amended judgment in Hoverson v. Hoverson, 2015 ND 38, 859 N.W.2d 390.

[¶ 4] On February 5, 2016, the parties’ parenting coordinator contacted the district court and requested clarification of some terms of the judgment regarding parenting time. The district court held a telephonic hearing on March 17, 2016. At the close of the hearing, the district court told the parties-its intent to issue an order *860 and stated, “[i]f anybody believes that I’ve gone beyond simply interpreting [the judgment], let me know, and we’ll discuss it[.]” After the hearing, the district court issued an order entitled “Order Resolving Parenting Time Dispute.” The order identified the issues as follows:

Whether or not the term “vacation” as used in paragraph 3-5 requires the parties to demonstrate that they are traveling outside the immediate area or precludes the parties from participating in work activities during the “vacation,” and what role the Parenting Coordinator has in making sure the parties are in compliance with ... being on “vacation”; and
In selecting the three weeks of uninterrupted “vacation” parenting time provided in paragraph [3]-5 whether or not Carl can select weeks during the summer and whether or not Sandra can select periods of time that would eliminate parenting time identified by Carl in his parenting time schedules.

In its order, the district court interpreted the term “vacation” to have no restrictions. Specifically, the order stated, “[i]n the absence of any limiting language within paragraph 3-5 a reasonable interpretation is to not require any specific criteria for exercising the ‘vacation’ time provided to the parties in paragraph 3-5.” The district court noted, “Judge Clapp did not put any restrictions on what time of year the parties could exercise the three weeks of uninterrupted parenting time provided in paragraph 3-5[.]” The district court concluded that, “[r]eading additional restrictions into paragraph 3-5 would be an impermissible modification of the parenting time schedule. Therefore, no restrictions shall be placed on Carl’s selection of the three weeks of uninterrupted parenting time[.]” The district court also ordered Sandra Hoverson “shall not override or eliminate any parenting time identified as Carl’s parenting time in the schedules approved by the Parenting Coordinator, except for parenting time that falls within paragraphs 3-1 and 3-2.” Sandra Hoverson filed a notice of appeal on May 10,2016.

II

[¶ 5] On appeal, Sandra Hoverson argues the district court’s order constituted a modification of the parties’ judgment without a formal motion. Specifically, she contends the district court modified summer parenting time as well as the family vacation requirements of the amended judgment. She argues the district court’s actions violated her due process rights. Carl Hoverson contends the district court’s order merely interpreted the existing judgment and argues no modification occurred.

[¶ 6] “The district court has continuing jurisdiction to modify parenting time; however, due process requires a party receive adequate notice and a fair opportunity to be heard.” Votava v. Votava, 2015 ND 171, ¶ 14, 865 N.W.2d 821. However, a “district court may clarify a divorce judgment if the judgment is ‘vague, uncertain, or ambiguous.’ ” Id. at ¶ 15 (quoting Rath v. Rath, 2014 ND 171, ¶15, 852 N.W.2d 377). It is unnecessary to reach the issue of due process in the event the district court’s order constituted a clarification. Resolution of this issue requires interpretation of the amended judgment Sandra Hoverson asserts was modified. In Greenwood v. Greenwood, this Court explained the standard for interpretation of a judgment:

Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished. The question whether a judgment is ambiguous is a question of law. There is an *861 ambiguity when language can be reasonably construed as having at least two alternative meanings.

1999 ND 126, ¶8, 596 N.W.2d 817 (citations omitted). “Questions of law are reviewed de novo.” Green v. Green, 2009 ND 162, ¶ 5, 772 N.W.2d 612. Clarification of a judgment is appropriate when the judgment “fails to specify some particulars[,] and uncertainties in the decree arise from subsequent events.” Rath, 2014 ND 171, ¶ 15, 852 N.W.2d 877.

[¶ 7] An ambiguity existed or subsequently arose in the parties’ amended judgment. The meaning of the term “vacation” could reasonably be construed as having two different meanings.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 ND 27, 889 N.W.2d 858, 2017 WL 632881, 2017 N.D. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoverson-v-hoverson-nd-2017.