- Associated Press - Tuesday, May 6, 2014

BISMARCK, N.D. (AP) - The North Dakota Supreme Court has reversed a lower court decision requiring a couple to allow grandparents to see their children.

Justices said the district judge made mistakes in his ruling.

Diane Bjerke and her husband, Robert, had sued their son, Cory, and the children’s mother, Naomi Sterf, after a mediation attempt to work out visitation failed. The younger parents appealed Judge Lawrence Jahnke’s order last August.

The Supreme Court recently found that Jahnke’s ruling was “induced by an erroneous view of the law.” Justices said Jahnke failed to consider that capable parents had acted in the best interest of their children, and that he didn’t place the burden of proof on the grandparents.

The case will now be sent back to district court.

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