Schoenberg v. Schoenberg

Summary

The North Dakota Supreme Court affirmed the district court’s denial of the plaintiff’s motion to modify primary residential responsibility and her motion for reconsideration. The Court held that the attorney’s letter containing hearsay statements did not qualify for the residual exception and that the plaintiff failed to establish a prima facie case because the alleged changes did not adversely affect the children. The decision rested on a de novo review of the prima facie standard and an abuse‑of‑discretion review of the evidentiary exclusion.