AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The petitioner sought to modify child custody and support, which was previously denied by the district court. The court had ordered the petitioner to first attend reunification therapy sessions before considering any modifications. The petitioner attempted to revisit these orders without complying with the set conditions or establishing a basis for waiving these conditions (para 2).

Procedural History

• District Court, June 11, 2021: Denied petitioner's request to modify custody and support and ordered him to attend reunification therapy sessions.

Parties' Submissions

• Petitioner-Appellant: Argued for the modification of child custody and support without first complying with the district court's orders for reunification therapy or establishing a basis for waiving these conditions.
• Respondent-Appellee: [Not applicable or not found]

Legal Issues

• Whether the district court abused its discretion in denying the petitioner's motion to modify child custody and support without the petitioner first complying with previous orders or establishing a basis for waiving these conditions.

Disposition

• The appeal from the district court order denying, without prejudice, the petitioner's motion to modify child custody and support was affirmed (para 4).

Reasons

• Per Ives, J. (Duffy, J., and Yohalem, J., concurring): The court reviewed the district court's ruling under Rule 1-060(B) NMRA, limiting appellate review accordingly. The court found no abuse of discretion by the district court in denying Rule 1-060(B) relief, as the petitioner did not allege any specific ground under Rule 1-060(B) for setting aside the prior orders. The court deferred to the district court's resolution on matters of credibility related to the petitioner's assertions of misconduct or unfairness in the events leading up to the 2021 orders or in attempts to comply with these orders (paras 2-3).