Bruggeman v. Bruggeman Civil No. 11,199

Levine, Justice.

In this appeal from a custody determination, the parties dispute the trial court's interpretation of a stipulation that placed custody of the children with the father. It is well-established that a trial court is not bound to accept stipulations which purport to determine questions regarding the custody and care of the children of a marriage if it finds that it is not in the best interests of the children to do so. Tiokasin v. Haas, 370 N.W.2d 559, 562 (N.D. 1985). Because the trial court found that it was in the best interests of the children to remain in the custody of the father, we need not consider the trial court's interpretation of the stipulation nor its effect on the proceedings below. We hold that the trial court's determination of custody is not clearly erroneous. Judgment is affirmed under Rule 35.1(a)(2), North Dakota Rules of Appellate Procedure.

Beryl J. Levine
Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
H.F. Gierke III
Herbert L. Meschke