This section contains the nature of the case and procedural background.

H met W, a non-U.S. citizen, in Belize in 1995 while vacationing there. H was at that time married to another woman, and he falsely informed W that he was in the process of divorcing his wife. W left Belize and moved to North Dakota. H provided her an apartment in Grand Forks and lived with her there. H also frequently returned to Beulah where he would reside with his wife and their five children. H had other extramarital affairs while residing with W which, when she discovered them, created a constant source of distress and conflict within their relationship. W became pregnant on June 24, 1997and H divorced his wife in 1998, and on March 6, 1999 H and W were married. H sponsored W's application for permanent residency in the United States. After incurring several instances of physical abuse by H, W filed a complaint on March 7, 2000, seeking dissolution of the marriage. Upon finding H had committed domestic violence, the court awarded physical custody of child to W and provided H 'closely supervised' visitation. H appealed.

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