concurring and dissenting.
[¶ 25] I would adhere to the standard of review the majority of this Court applied in Frueh v. Frueh, 2008 ND 26, 745 N.W.2d 362, for the reasons set forth in Justice Maring’s dissenting opinion. I therefore dissent from that part of the majority opinion which embraces a de novo standard of review in determining whether or not an evidentiary hearing on the motion for change of custody should have been granted.
[¶ 26] Nevertheless, applying the abuse of discretion standard, I concur in the result reached by the majority opinion. A custodial parent’s life style may endanger a child’s emotional and physical health and safety. I believe the allegations contained in the affidavits filed in this case deserve a hearing. Although I recognize that “artful” pleading by an adroit lawyer can turn a minor matter into a major issue, sanctions under Rule 11, N.D.R.Civ.P., are available and should be imposed for those allegations which have no evidentiary support.
[¶ 27] GERALD W. VANDE WALLE, C.J.