Legal Opinion · Dissent

Lynch v. Sweeney

North Dakota Supreme Court

Decided June 7, 2007No. 20060104Published

1DissentSandstrom, Justice

[¶ 16] This case is the poster child for persistent and willful interference with visitation by a custodial parent and for persistent noncompliance with the law by a district court. See Sweeney v. Sweeney, 2002 ND 206, 654 N.W.2d 407; Sweeney v. Sweeney, 2005 ND 47, 693 N.W.2d 29. We have previously found the district court abused its discretion, id. at ¶ 17 (“We therefore conclude the trial court abused its discretion in denying Sweeney’s request for costs and attorney fees under N.D.C.C. § 14-09-24.”), and it has done so again. The statute requires that the attorney fees awarded be…

2Cases cited4 opinions

  1. Sweeney v. SweeneyNorth Dakota Supreme Court · 2002
  2. T.F. James Company v. VakochNorth Dakota Supreme Court · 2001
  3. Holzer v. JochimNorth Dakota Supreme Court · 1996
  4. Sweeney v. SweeneyNorth Dakota Supreme Court · 2005

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