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LAUSEN v. HERTZ

No. 20050371.

714 N.W.2d 57 (2006)

2006 ND 101

Erin Kathleen LAUSEN, Plaintiff and Appellee v. Kary Jay HERTZ, Defendant and Appellant.

Supreme Court of North Dakota.

May 11, 2006.

Attorney(s) appearing for the Case

Mark V. Larson (on brief), Larson Law Firm, P.C., Minot, N.D., for plaintiff and appellee.

Rodney E. Pagel, Pagel Weikum Law Firm, Bismarck, N.D., for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Kary Jay Hertz appeals from an order denying his request for an evidentiary hearing on his motion for a change of custody of his minor child. We conclude Hertz was not entitled to an evidentiary hearing on his motion for change of custody, because the language in the original judgment authorized the custodial parent, Erin Kathleen Lausen, to remove the child from North Dakota. We affirm.

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