Lausen v. Hertz

KAPSNER, Justice.

[¶ 1] Kary Jay Hertz appeals from an order denying his request for an evidentia-ry 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.

I

[¶ 2] Hertz and Lausen have never been married, but have a child together. In 2001, in the context of Lauseris action against Hertz for custody of the child and for support, the…