# Stout v. Stout

> North Dakota Supreme Court · April 1, 1997 · 560 N.W.2d 903

URL: https://www.frixlaw.com/law-library/cases/9513250

## Case

- **Full name:** James R. STOUT, Jr., Plaintiff and Appellee, v. Julene L. STOUT, Defendant and Appellant
- **Court:** North Dakota Supreme Court
- **Decided:** April 1, 1997
- **Citations:** 560 N.W.2d 903; 1997 ND 61; 1997 N.D. LEXIS 43; 1997 WL 145099
- **Precedential status:** Published
- **Opinion:** Concurring in part by Neumann
- **Judges:** Maring, Neumann, Sandstrom, Vande Walle Meschke
- **Cited by:** 77 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by Hawkinson v. Hawkinson, 1999 N.D. LEXIS 65 (1999).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9513250

## How later opinions describe it (automated extraction)

- stating “where the factors favor neither parent, or favor the noncustodial parent, the trial court’s denial of the custodial parent’s request to move will be affirmed”

## Opinion text

NEUMANN, Justice,
concurring and dissenting.
[¶57] I agree with the majority that the goal of achieving the best interests of the child in relocation cases must be given more specific and instructive content to guide trial courts and afford more uniform dispute resolution. I believe the standard articulated by the majority is an important first step in providing that content.
[¶ 58] I, however, cannot agree that the trial court’s findings are clearly erroneous under the vague, undifferentiated best interests standard. I would therefore remand for the trial court to reconsider the motion in light of the more specific standard articulated in the majority’s opinion.
[¶ 59] William A. Neumann

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9513250. Public record. Not legal advice.