concurring in the result.
[¶ 25] For reasons set forth in my dissent in Lagro v. Lagro, 2005 ND 151, ¶¶ 27-34, 703 N.W.2d 322 (Kapsner, J., dissenting), I dissent from the statement in paragraph 8 of the majority opinion that the standard of review is an abuse-of-discretion standard. That standard ignores the language of N.D.C.C. § 14-09-06.6(4), embodying the concept of a prima facie case. Determining whether a prima facie case has been established is a matter of law, not discretion. However, applying the correct standard of review, I concur the order must be reversed for the reasons set out in paragraphs 12 and 13 of the majority opinion and I concur in the result.
[¶ 26] DANIEL J. CROTHERS, concurs.