Dahlen v. Dahlen

VANDE WALLE, Justice.

Richard Dahlen appealed from an order of the district court of Grand Porks County which denied Richard’s motion for a change of custody. We hold that the trial court was without jurisdiction to consider the motion and we vacate the order denying the motion for change of custody and remand with directions.

On August 24, 1982, a judgment was entered in the district court awarding custody of the parties’ four children to Rosella Dahlen, subject to reasonable visitation by Richard. In a May 26, 1983, agreement, Richard consented to Rosella and the children’s moving out of…