ND’s Fugitive Dismissal Rule Precludes Appeal By Abducting Mother Who Skipped Out on Modification of Custody Trial

Mother and two Children all live in North Dakota, as does Father.

Mother has custody and Father has visitation.

Mother is found in contempt of court for denying Father access to Children.

Mother absconds with Children to Indian reservation in South Dakota – and fails to appear at modification of custody hearing in North Dakota.

North Dakota Court awards custody of Children to Father.

Mother appeals North Dakota modification of custody.

North Dakota Supreme Court dismisses Mother’s appeal under the “fugitive dismissal rule”.

It is generally not helpful to one’s cause to simply not show up for a trial. Nor to abscond with children in an attempt to circumvent an existing court order or an anticipated court order.

Read more in this [Bismarck, ND] KFYR-TV 5 article: ND Supreme Court Bars Appeal in Child Custody Case.