## Facts

- Rayann Lyn Owan and Stephen Charles Owan divorced and disputed primary custody of their minor daughter, Danika (born 1991).
- Rayann initially received temporary custody after filing for divorce in February 1994.
- At the December 1994 trial, Rayann testified Stephen engaged in abusive and threatening behavior, including:
  - Kicking through a locked bathroom door.
  - Throwing a cordless phone into a wall near her.
  - Pinning her against a wall and striking the wall above her while calling her derogatory names.
  - Controlling conduct such as searching and ripping her purse and taking her money and credit cards.
  - Threats to kill her if she left and repeated threats of suicide.
- Evidence also indicated Rayann had at times slapped and scratched Stephen.
- Before trial, Stephen relocated to Arizona to be near family; Rayann became pregnant by another man she planned to marry.
- The district court granted the divorce, divided property, and awarded Stephen primary custody with Rayann paying child support.
- The district court’s express finding on violence relied on a social worker’s characterization that physical violence was “minimal,” without detailed findings addressing Rayann’s specific allegations.

## Issues

1. Whether the custody award was erroneous because the district court did not make specific findings on alleged domestic violence and did not apply the rebuttable presumption against awarding custody to a perpetrator under N.D.C.C. § 14-09-06.2(1)(j).
2. Whether conclusory findings minimizing violence prevented meaningful appellate review of the custody determination.

## Decision

- The Supreme Court of North Dakota reversed the custody portion of the divorce judgment and remanded.
- The court directed the district court to make specific findings on whether domestic violence occurred, by whom, and to what extent.
- The court required reconsideration of custody with express application of the statutory domestic-violence presumption if credible evidence of domestic violence is found.

## Legal Principles

- In awarding custody or visitation, courts must consider evidence of domestic violence; credible evidence that domestic violence occurred creates a rebuttable presumption that the perpetrator may not receive sole or joint custody. N.D.C.C. § 14-09-06.2(1)(j).
- When domestic violence is alleged with supporting evidence, the trial court must make specific, reviewable findings on the violence and must clearly address whether the statutory presumption applies and, if so, whether it is rebutted.
- A bare statement that violence was “minimal,” without findings addressing the allegations and the presumption, is inadequate where the record contains substantial evidence of violent or threatening conduct.

## Conclusion

The custody award to the father was reversed because the district court did not make detailed findings on the alleged domestic violence and did not demonstrate that it applied the statutory presumption against awarding custody to a parent who perpetrated domestic violence, requiring remand for explicit findings and a renewed custody analysis under the statute.


Owan v. Owan, 541 N.W.2d 719 (N.D. 1996)