Wardner v. Porath

Summary

The court held that North Dakota had subject-matter jurisdiction to modify the Canadian visitation order because North Dakota was the child's home state and the relevant persons did not reside in Canada. It further held that the Uniform Nonparent Custody and Visitation Act, rather than the statute governing modification of primary residential responsibility, supplied the substantive modification standard. The order was reversed and remanded for application of that standard, including determination of whether the nonparents had rebutted the applicable presumption in the original proceeding.