Dakota Beacon

The judges who adjudicate family court cases in North Dakota are elected District Court Judges.  Each judge is required to be a licensed in North Dakota attorney.  They may not practice law or hold any public office.  They serve a six year term.

North Dakota has a new model for creating a parenting plan.  It speaks vaguely,  that if domestic violence is present and a party has been injured, that parent should not be the custodial parent. 

The new model is a step in the right direction when it comes to determining custody, however it is too broad and leaves too much open for the judge to interpret.  It should be more clearly spelled out which guidelines the judge shall follow.

It was been the tendency of judges for many years to place the child/children with the mother.  In a recent case, it was proven, with  a taped 911 call and police reports documenting a state of  “mutual combat” between both parties that there are overt signs of violence.  Even with this evidence, including the fact that the custodial parent has been involved in several abusive relationships, the judge changed a few things regarding visitation but left the child in the abusive home. 

It was also brought out in court that the custodial parent was frustrating visitation between the child and the father and continually making disparaging remarks about the father, stepmother, half sister and grandparents.

In deciding what to do for the child’s best welfare, the judge’s reasoning was that because the child has not been physically harmed and is doing well in school, there was no reason to change the existing custody arrangement.

 How many times have we read or heard about children who were returned to abusive environments being severely injured or even killed? What of the emotional abuse that comes with domestic unrest?

North Dakota has been a leader in the movement to improve government.  In addition to concerns about the Federal Government we should take a look at the local level.  Beginning with those judges who sometimes hold the safety and well being of children in their hands.  It is unfortunate that some parents cannot adhere to a parenting plan that is beneficial for the child/children.  In these cases it should not be up to a judge to make a determination.  The parenting plan needs to be set in stone for difficult cases.