Aanderud v. Aanderud, 900379

• Decision Date: 07 May 1991
• Docket Number: No. 900379,900379
• Citation: Aanderud v. Aanderud, 469 N.W.2d 154 (N.D. 1991)
• Parties: Dennette F. AANDERUD, Plaintiff and Appellant, v. Wayne P. AANDERUD, Defendant and Appellee. Civ.
• Court: North Dakota Supreme Court

Page 154

469 N.W.2d 154

Dennette F. AANDERUD, Plaintiff and Appellant, v. Wayne P. AANDERUD, Defendant and Appellee.

Civ. No. 900379.

Supreme Court of North Dakota.

May 7, 1991.

Maureen White Eagle, of Foughty, Christianson, White Eagle & Berg, Devils Lake, for plaintiff and appellant.

Ella Van Berkom, of Ella Van Berkom Law Firm, Minot, for defendant and appellee.

VANDE WALLE, Justice.

Dennette Aanderud appealed from that part of a divorce decree which places restrictions on her residency. We reverse that part of the judgment from which Dennette has appealed.

Dennette and Wayne Aanderud were married in 1984. They had a son during that marriage, Adam Wayne. During their divorce hearing, Wayne and Dennette entered an oral stipulation as to all matters concerning the divorce, including an agreement that Dennette would have physical custody of Adam, who at the time of the hearing was two years old, with liberal visitation rights for Wayne.

During the uncontested proceedings, the court was informed that Dennette was currently renting an apartment for her and Adam in Maddock, but that she and Adam did spend a considerable amount of time at the farm of Dennette's boyfriend. The stipulation did not require Dennette to continue renting the apartment or otherwise restrict her place of residence, and these matters were not put at issue by the parties. The court accepted and adopted the stipulation on all matters, specifically finding it "to be reasonable and equitable." However, the judgment included the following provision, from which Dennette appealed, placing restrictions on her residence:

"The Plaintiff shall maintain her own separate place of residence for herself and the minor child for a period of 18 months from and after entry of judgment herein."

Dennette requested the trial court to eliminate the residency restriction. The trial court denied her request, concluding that it was in Adam's best interest to have Dennette maintain her own separate residence because that requirement would "delineate a clearer identity for Adam that his father is Wayne" and would allow Wayne to have an "optimal opportunity to maintain a father-son relationship."

In Aaker v. Aaker, 338 N.W.2d 645, 647-648 (N.D.1983), we discussed stipulations:

"Oral stipulations of the parties in the presence of the court are generally held to be binding, especially when acted upon or entered on the court's records.

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"We have no reservations on the proposition that the court has the authority to either accept or reject a stipulation. But adding to it without first informing the parties or obtaining the consent of the parties to the stipulation is another matter.

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"If a stipulation does not affect the public and is of a private nature the judge is at greater liberty to accept it. The court may also accept in part and add to it, but only after first informing the parties of this."

We...