RYAN v. FLEMMING

Civ. No. 940274.

533 N.W.2d 920 (1995)

Robert Ewald RYAN, Plaintiff and Appellee, v. Elizabeth EW FLEMMING, Defendant and Appellant.

Supreme Court of North Dakota.

June 27, 1995.


Attorney(s) appearing for the Case

Howe and Seaworth, Grand Forks, for plaintiff and appellee; argued by Mary E. Seaworth.

Tom P. Slorby (argued), Minot, for defendant and appellant.


MESCHKE, Justice.

Elizabeth Flemming appealed a decree placing primary physical custody of her son, Robert Jr., with his father, Robert Ryan. We consider the effect of a private judicial interview of a child witness without administering an oath, the effect of violence to property on the presumption against custody by a violent parent, and whether the evidence supported placement of primary custody of a five-year-old boy with his father. We affirm.

Robert...

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