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HUESERS v. HUESERS

Civil No. 970348.

574 N.W.2d 880 (1998)

1998 ND 54

Stuart HUESERS, Plaintiff and Appellant, v. Marla HUESERS, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 30, 1998.

Attorney(s) appearing for the Case

Austin G. Engel (argued), of Webster & Engel, Bismarck, and Greg W. Hennessy (no appearance), of Hennessy Law Office, P.C., Williston, for plaintiff and appellant.

Richard R. LeMay (argued), of Legal Assistance of North Dakota, Minot, for defendant and appellee.

MESCHKE, Justice.

[¶ 1] Stuart Huesers appealed an amended decree placing custody of his children with their mother, Marla Huesers. We hold the trial court should have considered the 1997 legislative amendments to NDCC 14-09-06.2(1)(j) but, under the amendments, Stuart's conduct, as a matter of law, constituted a pattern of domestic violence within a reasonable time proximate to the litigation. Thus, the court's error...

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