Short answer

In North Dakota, most settlements that resolve a minor’s claim require court approval so the judge can protect the childs financial interests. Whether you personally must attend the hearing depends on the judge and the county, but in almost every case the court will require someone with legal authority for the child (a parent, guardian, or guardian ad litem) and the minors lawyer to be present or to submit sworn testimony and supporting documents. The judge will review the proposed settlement, attorneys fees, liens, and how the money will be managed for the childs benefit.

Detailed Answer

Why the court gets involved: Courts supervise settlements for children to make sure a settlement is fair, reasonable, and in the childs best interests. That supervision can include approving attorney fees, making sure medical bills and other liens are paid, and deciding how settlement funds will be held or distributed for the childs benefit.

Where the review happens: The petition to approve a minors settlement is typically filed in district court in the county where the child resides or where the claim was filed. The North Dakota court system supervises these proceedings; for general court process information see the North Dakota Courts website: https://www.ndcourts.gov. For the text of North Dakota statutes and related rules, see the North Dakota Legislative Branch: https://www.legis.nd.gov.

Who usually must attend:

• The childs parent(s) or legal guardian (or their attorney).
• The attorney who represents the minor (counsel will usually present the petition).
• A guardian ad litem (GAL) may be appointed by the court to represent the minors interests; the GAL may be required to attend or to file a written report.
• The minor may be asked to attend, but many courts do not require the child to testify in person. If the child is old enough and the judge wants to hear from the child, the minor may be present outside the courtroom and briefly brought in or testify via closed proceedings depending on the judges preferences.

What happens at the hearing:

1. The court reads the petition and any supporting documents (settlement agreement, itemized medical bills, lien information, and counsels affidavit about reasonableness of fees and settlement terms).
2. Counsel for the minor (or the parent/guardian) explains why the settlement is fair and in the childs best interest.
3. The judge reviews attorney fees and costs to ensure they are reasonable. The judge may reduce fees if they appear excessive.
4. The judge confirms payment of medical liens, outstanding expenses, and whether a lump-sum or structured settlement is proposed.
5. The court decides how the funds will be held or distributed (e.g., blocked bank account, court-ordered conservatorship/guardianship of the estate, or supervised release of funds at certain ages/intervals).
6. The judge approves the settlement, denies it, or asks for modifications or additional documentation. If approved, the judge signs an order directing how settlement funds will be handled.

Common outcomes and follow-up:

• If the judge approves the settlement, the court enters an order and the settlement funds are distributed according to that order (after payment of attorney fees, liens, and costs).
• If the judge denies approval or requests changes, counsel typically negotiates changes and re-files or returns for a new hearing.
• The court may require that funds be placed in a blocked account, a trust, or under a guardianship/conservatorship if the amount and circumstances justify continued court supervision.

What you should bring and prepare for the hearing

• Copies of the signed settlement agreement and the draft court order approving the settlement.
• An itemized list of medical bills and any lien statements from hospitals or insurance providers.
• A written statement from the attorney summarizing legal work, the reasonableness of fees, and why the settlement is fair.
• Identification for the parent/guardian and any guardianship documents if a guardian is already in place.
• Any appraisals or documentation supporting a proposed structured settlement or trust arrangement.

Timing and costs to expect

Expect a filing period (to prepare paperwork and serve notice to interested parties), a scheduled hearing date (which can be weeks to months out), and a short hearing (often 1030 minutes for routine settlements). The court will charge filing fees; attorney costs and any guardian ad litem fees may also apply. After approval, disbursement of funds can take several weeks while the court prepares and signs the order and banks process any blocked-account or trust arrangements.

When a personal appearance is more likely to be required

• The minor is older and the judge wants to hear from the child directly.
• There are objections or competing claims (for example, disputes over liens, parental disputes, or contested guardianship issues).
• The settlement includes unusual terms, very large sums, or complex structured arrangements that require detailed explanation.

Alternatives and special situations

For very small settlements, some counties allow parents to handle matters with less formal court supervision, but many feel safer asking the court to enter a formal approval to shield the settlement from challenge later. If a parent is a defendant, if there are allegations of abuse, or if a parent is unsuitable, the court will be far more likely to appoint a guardian ad litem and require the minors personal presence or testimony. In catastrophic-injury cases, courts often order special trusts or conservatorships to manage funds long-term.

How a lawyer can help

A lawyer experienced with minor settlements can prepare the petition, coordinate lien resolution, recommend the best way to protect the childs funds (blocked account, trust, or conservatorship), present the case at the hearing, and reduce the chance of delays or denials. If you have concerns about attendance, a lawyer can ask the court to accept affidavits or to limit the minor’s presence in open court.

Useful North Dakota resources

• North Dakota Courts: https://www.ndcourts.gov
• North Dakota Legislative Branch (Century Code and statutes): https://www.legis.nd.gov

Disclaimer

This article is educational only and is not legal advice. Laws change and every case is different. For advice tailored to your situation, consult a licensed North Dakota attorney. If you need help finding an attorney, contact the North Dakota State Bar or your local courts self-help resources.

Helpful Hints

• Confirm the court date, time, and required attendees with your attorney ahead of the hearing.
• Bring originals and multiple copies of the settlement, medical bills, lien letters, and ID for the parent/guardian.
• Ask your lawyer to provide a short written summary for the judge to speed the hearing.
• Be prepared: judges often approve routine minor settlement petitions quickly when paperwork is complete and fees/liens are resolved.
• If travel or health prevents attendance, request the judge accept sworn affidavits or a remote appearance in advance.
• Discuss long-term management of the funds (trust, blocked account, or conservatorship) with your attorney before the hearing so the court can approve an appropriate plan.