[¶ 13] A material change in circumstances is an important new fact that was not known at the time of the prior residential responsibility decision. Siewert v. Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691. A party's conduct before the prior residential responsibility decision may be relevant if the prior decision was based on the parties' stipulation and the district court was unaware of the facts at the time of the stipulation. Schumacker v. Schumacker, 2011 ND 75, ¶ 11, 796 N.W.2d 636.

6(6)] bears the burden of proving there has been a material change in circumstances and a modification is necessary to serve the best interests of the child." Siewert v. Siewert, 2008 ND 221, ¶ 16, 758 N.W.2d 691; Kelly v. Kelly, 2002 ND 37, ¶ 17, 640 N.W.2d 38. [¶ 9] This Court construed "material" in N.D.C.C. § 14-09-06.

[¶ 7] A district court's decision whether to modify custody is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. Siewert v. Siewert, 2008 ND 221, ¶ 16, 758 N.W.2d 691. "A finding of fact is clearly erroneous if `there is no evidence to support it, if the finding is induced by an erroneous view of the law, or if the reviewing court is left with a definite and firm conviction a mistake has been made.'" Id. (quoting Stanhope v. Phillips-Stanhope, 2008 ND 61, ¶ 7, 747 N.W.2d 79).

[¶ 9] A material change in circumstances is “an important new fact that was not known at the time of the prior custody decree.” Lechler v. Lechler, 2010 ND 158, ¶ 9, 786 N.W.2d 733 (quoting Siewert v. Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691). We have rejected the argument that a material change in circumstances may be met only by evidence of a significant or important change that has a negative impact on the child's well-being.

The party seeking to modify custody has the burden of proving a material change in circumstances has occurred and modification is necessary to serve the child's best interests. Siewert v. Siewert, 2008 ND 221, ¶ 16, 758 N.W.2d 691. “A district court's decision whether to modify custody is a finding of fact, which will only be reversed on appeal if it is clearly erroneous.” Id. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or if, upon review, we are left with a definite and firm conviction a mistake has been made.

We have defined a "material change in circumstances" as "an important new fact that was not known at the time of the prior custody decree." Siewert v. Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691. If a district court determines no material change in circumstances has occurred, it is unnecessary for the court to consider whether a change in primary residential responsibility is necessary to serve the children's best interests. See Machart v. Machart, 2009 ND 208, ¶ 11, 776 N.W.2d 795.

We have defined a "material change in circumstances" as "an important new fact that was not known at the time of the prior custody decree." Sieivert v. Siewert, 2008 ND 221, ¶ 17, 758 N.W.2d 691. If a district court determines no material change in circumstances has occurred, it is unnecessary for the court to consider whether a change in primary residential responsibility is necessary to serve the children's best interests. See Machart v. Machart, 2009 ND 208, ¶ 11, 776 N.W.2d 795. A district court's decision whether to modify primary residential responsibility is a finding of fact which will not be reversed on appeal unless clearly erroneous.

We have also said that, generally, when a notice of appeal is filed, the district court loses jurisdiction. See Siewert v. Siewert, 2008 ND 221, ¶ 30, 758 N.W.2d 691. However, we have "recognized there are some exceptions to that rule, including the retention of jurisdiction to enforce a judgment, to award attorney fees and expenses for prosecuting an appeal in a divorce case, or to award temporary alimony and support money."

A district court's modification of primary residential responsibility is a finding of fact that will only be reversed if it is clearly erroneous. Frueh v. Frueh, 2009 ND 155, ¶ 7, 771 N.W.2d 593 (citing Siewert v. Siewert, 2008 ND 221, ¶ 16, 758 N.W.2d 691). "A finding of fact is clearly erroneous if there is no evidence to support it, if the finding is induced by an erroneous view of the law, or if the reviewing court is left with a definite and firm conviction a mistake has been made." Id. (quoting Siewert, at ¶ 16) (internal quotations omitted).

Further, N.D.C.C. § 14-05-23 allows for an application at any time while the separation or divorce proceeding is pending. See Siewert v. Siewert, 2008 ND 221, ¶ 32, 758 N.W.2d 691 (explaining the district court may under N.D.C.C. § 14-05-23 award attorney's fees at any time a divorce is pending, including while an appeal on unrelated issues is pending). Our remand was not a narrow directive to the district court to explain its decision based on the existing record but allowed "further consideration" of the issue of attorney's fees.