Cited by

Opinions in Minnesota that cite Marriage of Axford v. Axford, 402 N.W.2d 143.

24 citing documents.

In the Marriage of: Minn. Ct. App. 2026
(concluding that the district court acted within its discretion by ignoring appellant’s post-hearing submissions that were filed without motion or explanation).
A24-0752 Minn. Ct. App. 2024
(stating that the district court may deny an evidentiary hearing if an affidavit is “devoid of allegations supported by any s pecific, 11 credible evidence”).
In re the Marriage of: Minn. Ct. App. 2023
d 143, 145 (Minn. App. 1987) (holding that it was not an abuse of discretion to ignore late-submitted evidence when there was “no indication the facts presented were unknown” to the appellant before the hearing).
In re the Marriage of: Michaela Dojcinovic Bachmayer, NKA Michaela Dojcinovic, petitioner, Respondent, Minn. Ct. App. 2022
(-28 (Minn. App. 1993) (affirming the denial of custody modification without an evidentiary hearing when the moving party’s allegations were “too vague to support a finding of endangerment”); -45 (Minn. Ap p. 1987) (stating that an evidentiary hearing was not 7 necessary where the affidavit supporting the motion to change custody “was devoid of allegations supported by any specific, credible evidence”)).
In re the Marriage of: David Brian Toft, petitioner, Appellant, Minn. Ct. App. 2019
(finding no requirement for an evidentiary hearing when “[a]ppellant’s affidavit was devoid of allegations supported by any specific, credible evidence”).
In re the Marriage of: Anna Modeo, petitioner, Respondent, Minn. Ct. App. 2018
” Geibe, d at 777; (finding no requirement for an evidentiary hearing where “appellant’ s affidavit was devoid of allegations supported by 8 any specific, credible evidence”); (upholding denial of an evidentiary hearing where the court found that a
In re the Marriage of: Rebekah L. Bennett, petitioner, Appellant, Minn. Ct. App. 2017
But a district court may deny an evidentiary hearing where the supporting affidavit is “devoid of allegations supported by 4 any specific, credible evidence.” Weber, d at 811 (quotation omitted)
In re the Matter of: Emily M. Pederson, petitioner, Respondent, Minn. Ct. App. 2017
(affirming denial of custody -modification motion without an evidentiary hearing where movant’s affidavit “was devoid of allegations supported by any specific, credible evidence”).
Darick Joseph Waguespack v. Jocelyn Alicia Merz Minn. Ct. App. 2016
Darick Joseph Waguespack v. Jocelyn Alicia Merz Minn. Ct. App. 2016
-45 (Minn. App. 1987) (holding that “an affidavit based almost entirely on unsubstantiated allegations” is not sufficient to modify custody).
In re the Marriage of: Tamara Eileen Goemaat v. Andrew Joel Goemaat Minn. Ct. App. 2015
In re the Marriage of: Tamara Eileen Goemaat v. Andrew Joel Goemaat Minn. Ct. App. 2015
(“Appellant’s affidavit was devoid of allegations supported by any specific, credible evidence.”).
Szarzynski v. Szarzynski 732 N.W.2d 285 Minn. Ct. App. 2007
Szarzynski v. Szarzynski 732 N.W.2d 285 Minn. Ct. App. 2007
-28 (Minn.App.1993) (affirming denial of custody modification without an evidentiary hearing where, among other things, moving party’s allegations were “too vague to support a finding of endangerment”); -45 (Minn.App.1987) (affirming denial of custody modification motion without an evidentiary hearing where affidavit supporting motion “was devoid of allegations supported by any specific, credible evidence”).
Dailey v. Chermak 709 N.W.2d 626 Minn. Ct. App. 2006
Dailey v. Chermak 709 N.W.2d 626 Minn. Ct. App. 2006
Marriage of Tarlan v. Sorensen 702 N.W.2d 915 Minn. Ct. App. 2005
Marriage of Tarlan v. Sorensen 702 N.W.2d 915 Minn. Ct. App. 2005
(concluding that the "requirements for specific findings do not apply to the evaluation of affidavits”).
Dalbec v. W.P.W. 653 N.W.2d 804 Minn. Ct. App. 2002
In Re Weber 653 N.W.2d 804 Minn. Ct. App. 2002
In Re Weber 653 N.W.2d 804 Minn. Ct. App. 2002
Dalbec v. W.P.W. 653 N.W.2d 804 Minn. Ct. App. 2002
A district court may properly deny an evidentiary hearing where the affidavit submitted in support of a modification of custody “was devoid of allegations supported by any specific, credible evidence.”
Marriage of Abbott v. Abbott 481 N.W.2d 864 Minn. Ct. App. 1992
Marriage of Abbott v. Abbott 481 N.W.2d 864 Minn. Ct. App. 1992