1.1                          A bill for an act 
  1.2             relating to family law; enacting the Uniform Child 
  1.3             Custody Jurisdiction and Enforcement Act; proposing 
  1.4             coding for new law as chapter 518D; repealing 
  1.5             Minnesota Statutes 1998, sections 518A.01; 518A.02; 
  1.6             518A.03; 518A.04; 518A.05; 518A.06; 518A.07; 518A.08; 
  1.7             518A.09; 518A.10; 518A.11; 518A.12; 518A.13; 518A.14; 
  1.8             518A.15; 518A.16; 518A.17; 518A.18; 518A.19; 518A.20; 
  1.9             518A.21; 518A.22; 518A.23; 518A.24; and 518A.25. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                 UNIFORM CHILD CUSTODY JURISDICTION 
  1.12                     AND ENFORCEMENT ACT (1997) 
  1.13                             ARTICLE 1 
  1.14                         GENERAL PROVISIONS 
  1.15     Section 1.  [518D.101] [SHORT TITLE.] 
  1.16     This chapter may be cited as the Uniform Child Custody 
  1.17  Jurisdiction and Enforcement Act. 
  1.18     Sec. 2.  [518D.102] [DEFINITIONS.] 
  1.19     (a) The definitions in this section apply to this chapter. 
  1.20     (b) "Abandoned" means left without provision for reasonable 
  1.21  and necessary care or supervision. 
  1.22     (c) "Child" means an individual who has not attained 18 
  1.23  years of age. 
  1.24     (d) "Child custody determination" means a judgment, decree, 
  1.25  or other order of a court providing for the legal custody, 
  1.26  physical custody, or visitation with respect to a child.  The 
  1.27  term includes a permanent, temporary, initial, and modification 
  1.28  order.  The term does not include an order relating to child 
  2.1   support or other monetary obligation of an individual. 
  2.2      (e) "Child custody proceeding" means a proceeding in which 
  2.3   legal custody, physical custody, or visitation with respect to a 
  2.4   child is an issue.  The term includes a proceeding for divorce, 
  2.5   separation, neglect, abuse, dependency, guardianship, paternity, 
  2.6   termination of parental rights, and protection from domestic 
  2.7   violence, in which the issue may appear.  The term does not 
  2.8   include a proceeding involving juvenile delinquency, contractual 
  2.9   emancipation, or enforcement under sections 518D.301 to 518D.317.
  2.10     (f) "Commencement" means the filing of the first pleading 
  2.11  in a proceeding. 
  2.12     (g) "Court" means an entity authorized under the law of a 
  2.13  state to establish, enforce, or modify a child custody 
  2.14  determination. 
  2.15     (h) "Home state" means the state in which a child lived 
  2.16  with a parent or a person acting as a parent for at least six 
  2.17  consecutive months immediately before the commencement of a 
  2.18  child custody proceeding.  In the case of a child less than six 
  2.19  months of age, the term means the state in which the child lived 
  2.20  from birth with any of the persons mentioned.  A period of 
  2.21  temporary absence of any of the mentioned persons is part of the 
  2.22  period. 
  2.23     (i) "Initial determination" means the first child custody 
  2.24  determination concerning a particular child. 
  2.25     (j) "Issuing court" means the court that makes a child 
  2.26  custody determination for which enforcement is sought under this 
  2.27  chapter. 
  2.28     (k) "Issuing state" means the state in which a child 
  2.29  custody determination is made. 
  2.30     (l) "Modification" means a child custody determination that 
  2.31  changes, replaces, supersedes, or is otherwise made after a 
  2.32  previous determination concerning the same child, whether or not 
  2.33  it is made by the court that made the previous determination. 
  2.34     (m) "Person" means an individual, corporation, business 
  2.35  trust, estate, trust, partnership, limited liability company, 
  2.36  association, joint venture, government, governmental 
  3.1   subdivision, agency, or instrumentality, public corporation, or 
  3.2   any other legal or commercial entity. 
  3.3      (n) "Person acting as a parent" means a person, other than 
  3.4   a parent, who: 
  3.5      (1) has physical custody of the child or has had physical 
  3.6   custody for a period of six consecutive months, including any 
  3.7   temporary absence, within one year immediately before the 
  3.8   commencement of a child custody proceeding; and 
  3.9      (2) has been awarded legal custody by a court or claims a 
  3.10  right to legal custody under the law of this state. 
  3.11     (o) "Physical custody" means the physical care and 
  3.12  supervision of a child. 
  3.13     (p) "State" means a state of the United States, the 
  3.14  District of Columbia, Puerto Rico, the United States Virgin 
  3.15  Islands, or any territory or insular possession subject to the 
  3.16  jurisdiction of the United States. 
  3.17     (q) "Tribe" means an Indian tribe or band, or Alaskan 
  3.18  native village, which is recognized by federal law or formally 
  3.19  acknowledged by a state. 
  3.20     (r) "Warrant" means an order issued by a court authorizing 
  3.21  law enforcement officers to take physical custody of a child. 
  3.22     Sec. 3.  [518D.103] [PROCEEDINGS GOVERNED BY OTHER LAW.] 
  3.23     This chapter does not govern an adoption proceeding or a 
  3.24  proceeding pertaining to the authorization of emergency medical 
  3.25  care for a child. 
  3.26     Sec. 4.  [518D.104] [APPLICATION TO INDIAN TRIBES.] 
  3.27     (a) A child custody proceeding that pertains to an Indian 
  3.28  child as defined in the Indian Child Welfare Act, United States 
  3.29  Code, title 25, section 1901, et seq., is not subject to this 
  3.30  chapter to the extent that it is governed by the Indian Child 
  3.31  Welfare Act. 
  3.32     (b) A court of this state shall treat a tribe as if it were 
  3.33  a state of the United States for the purpose of applying 
  3.34  sections 518D.101 to 518D.210. 
  3.35     (c) A child custody determination made by a tribe under 
  3.36  factual circumstances in substantial conformity with the 
  4.1   jurisdictional standards of this chapter must be recognized and 
  4.2   enforced under sections 518D.301 to 518D.317. 
  4.3      Sec. 5.  [518D.105] [INTERNATIONAL APPLICATION.] 
  4.4      (a) A court of this state shall treat a foreign country as 
  4.5   if it were a state of the United States for the purpose of 
  4.6   applying sections 518D.101 to 518D.210. 
  4.7      (b) Except as otherwise provided in paragraph (c), a child 
  4.8   custody determination made in a foreign country under factual 
  4.9   circumstances in substantial conformity with the jurisdictional 
  4.10  standards of this chapter must be recognized and enforced under 
  4.11  sections 518D.301 to 518D.317. 
  4.12     (c) A court of this state need not apply this chapter if 
  4.13  the child custody law of a foreign country violates fundamental 
  4.14  principles of human rights. 
  4.15     Sec. 6.  [518D.106] [EFFECT OF CHILD CUSTODY 
  4.16  DETERMINATION.] 
  4.17     A child custody determination made by a court of this state 
  4.18  that had jurisdiction under this chapter binds all persons who 
  4.19  have been served in accordance with the laws of this state or 
  4.20  notified in accordance with section 518D.108 or who have 
  4.21  submitted to the jurisdiction of the court, and who have been 
  4.22  given an opportunity to be heard.  As to those persons, the 
  4.23  determination is conclusive as to all decided issues of law and 
  4.24  fact except to the extent the determination is modified. 
  4.25     Sec. 7.  [518D.107] [PRIORITY.] 
  4.26     If a question of existence or exercise of jurisdiction 
  4.27  under this chapter is raised in a child custody proceeding, the 
  4.28  question, upon request of a party, must be given priority on the 
  4.29  calendar and handled expeditiously. 
  4.30     Sec. 8.  [518D.108] [NOTICE TO PERSONS OUTSIDE STATE.] 
  4.31     (a) Notice required for the exercise of jurisdiction when a 
  4.32  person is outside this state may be given in a manner prescribed 
  4.33  by the law of this state for service of process or by the law of 
  4.34  the state in which the service is made.  Notice must be given in 
  4.35  a manner reasonably calculated to give actual notice but may be 
  4.36  by publication if other means are not effective. 
  5.1      (b) Proof of service may be made in the manner prescribed 
  5.2   by the law of this state or by the law of the state in which the 
  5.3   service is made. 
  5.4      (c) Notice is not required for the exercise of jurisdiction 
  5.5   with respect to a person who submits to the jurisdiction of the 
  5.6   court. 
  5.7      Sec. 9.  [518D.109] [APPEARANCE AND LIMITED IMMUNITY.] 
  5.8      (a) A party to a child custody proceeding, including a 
  5.9   modification proceeding, or a petitioner or respondent in a 
  5.10  proceeding to enforce or register a child custody determination, 
  5.11  is not subject to personal jurisdiction in this state for 
  5.12  another proceeding or purpose solely by reason of having 
  5.13  participated, or of having been physically present for the 
  5.14  purpose of participating, in the proceeding. 
  5.15     (b) A person who is subject to personal jurisdiction in 
  5.16  this state on a basis other than physical presence is not immune 
  5.17  from service of process in this state.  A party present in this 
  5.18  state who is subject to the jurisdiction of another state is not 
  5.19  immune from service of process allowable under the laws of that 
  5.20  state. 
  5.21     (c) The immunity granted by paragraph (a) does not extend 
  5.22  to civil litigation based on acts unrelated to the participation 
  5.23  in a proceeding under this chapter committed by an individual 
  5.24  while present in this state. 
  5.25     Sec. 10.  [518D.110] [COMMUNICATION BETWEEN COURTS.] 
  5.26     (a) A court of this state may communicate with a court in 
  5.27  another state concerning a proceeding arising under this chapter.
  5.28     (b) The court may allow the parties to participate in the 
  5.29  communication.  If the parties are not able to participate in 
  5.30  the communication, they must be given the opportunity to present 
  5.31  facts and legal arguments before a decision on jurisdiction is 
  5.32  made. 
  5.33     (c) Communication between courts on schedules, calendars, 
  5.34  court records, and similar matters may occur without informing 
  5.35  the parties.  A record need not be made of the communication. 
  5.36     (d) Except as otherwise provided in paragraph (c), a record 
  6.1   must be made of a communication under this section.  The parties 
  6.2   must be informed promptly of the communication and granted 
  6.3   access to the record. 
  6.4      (e) For the purposes of this section, "record" means 
  6.5   information that is inscribed on a tangible medium or that is 
  6.6   stored in an electronic or other medium and is retrievable in 
  6.7   perceivable form. 
  6.8      Sec. 11.  [518D.111] [TAKING TESTIMONY IN ANOTHER STATE.] 
  6.9      (a) In addition to other procedures available to a party, a 
  6.10  party to a child custody proceeding may offer testimony of 
  6.11  witnesses who are located in another state, including testimony 
  6.12  of the parties and the child, by deposition or other means 
  6.13  allowable in this state for testimony taken in another state.  
  6.14  The court on its own motion may order that the testimony of a 
  6.15  person be taken in another state and may prescribe the manner in 
  6.16  which and the terms upon which the testimony is taken. 
  6.17     (b) A court of this state may permit an individual residing 
  6.18  in another state to be deposed or to testify by telephone, 
  6.19  audiovisual means, or other electronic means before a designated 
  6.20  court or at another location in that state.  A court of this 
  6.21  state shall cooperate with courts of other states in designating 
  6.22  an appropriate location for the deposition or testimony. 
  6.23     (c) Documentary evidence transmitted from another state to 
  6.24  a court of this state by technological means that do not produce 
  6.25  an original writing may not be excluded from evidence on an 
  6.26  objection based on the means of transmission. 
  6.27     Sec. 12.  [518D.112] [COOPERATION BETWEEN COURTS; 
  6.28  PRESERVATION OF RECORDS.] 
  6.29     (a) A court of this state may request the appropriate court 
  6.30  of another state to: 
  6.31     (1) hold an evidentiary hearing; 
  6.32     (2) order a person to produce or give evidence pursuant to 
  6.33  procedures of that state; 
  6.34     (3) order that an evaluation be made with respect to the 
  6.35  custody of a child involved in a pending proceeding; 
  6.36     (4) forward to the court of this state a certified copy of 
  7.1   the transcript of the record of the hearing, the evidence 
  7.2   otherwise presented, and any evaluation prepared in compliance 
  7.3   with the request; and 
  7.4      (5) order a party to a child custody proceeding or any 
  7.5   person having physical custody of the child to appear in the 
  7.6   proceeding with or without the child. 
  7.7      (b) Upon request of a court of another state, a court of 
  7.8   this state may hold a hearing or enter an order described in 
  7.9   paragraph (a). 
  7.10     (c) Travel and other necessary and reasonable expenses 
  7.11  incurred under paragraphs (a) and (b) may be assessed against 
  7.12  the parties according to the law of this state. 
  7.13     (d) A court of this state shall preserve the pleadings, 
  7.14  orders, decrees, records of hearings, evaluations, and other 
  7.15  pertinent records with respect to a child custody proceeding 
  7.16  until the child attains 18 years of age.  Upon appropriate 
  7.17  request by a court or law enforcement official of another state, 
  7.18  the court shall forward a certified copy of those records. 
  7.19                             ARTICLE 2 
  7.20                            JURISDICTION 
  7.21     Section 1.  [518D.201] [INITIAL CHILD CUSTODY 
  7.22  JURISDICTION.] 
  7.23     (a) Except as otherwise provided in section 518D.204, a 
  7.24  court of this state has jurisdiction to make an initial child 
  7.25  custody determination only if: 
  7.26     (1) this state is the home state of the child on the date 
  7.27  of the commencement of the proceeding, or was the home state of 
  7.28  the child within six months before the commencement of the 
  7.29  proceeding and the child is absent from this state but a parent 
  7.30  or person acting as a parent continues to live in this state; 
  7.31     (2) a court of another state does not have jurisdiction 
  7.32  under clause (1), or a court of the home state of the child has 
  7.33  declined to exercise jurisdiction on the ground that this state 
  7.34  is the more appropriate forum under section 518D.207 or 
  7.35  518D.208, and: 
  7.36     (i) the child and the child's parents, or the child and at 
  8.1   least one parent or a person acting as a parent, have a 
  8.2   significant connection with this state other than mere physical 
  8.3   presence; and 
  8.4      (ii) substantial evidence is available in this state 
  8.5   concerning the child's care, protection, training, and personal 
  8.6   relationships; 
  8.7      (3) all courts having jurisdiction under clause (1) or (2) 
  8.8   have declined to exercise jurisdiction on the ground that a 
  8.9   court of this state is the more appropriate forum to determine 
  8.10  the custody of the child under section 518D.207 or 518D.208; or 
  8.11     (4) no court of any other state would have jurisdiction 
  8.12  under the criteria specified in clause (1), (2), or (3). 
  8.13     (b) Paragraph (a) is the exclusive jurisdictional basis for 
  8.14  making a child custody determination by a court of this state. 
  8.15     (c) Physical presence of, or personal jurisdiction over, a 
  8.16  party or a child is not necessary or sufficient to make a child 
  8.17  custody determination. 
  8.18     Sec. 2.  [518D.202] [EXCLUSIVE, CONTINUING JURISDICTION.] 
  8.19     (a) Except as otherwise provided in section 518D.204, a 
  8.20  court of this state which has made a child custody determination 
  8.21  consistent with section 518D.201 or 518D.203 has exclusive, 
  8.22  continuing jurisdiction over the determination until: 
  8.23     (1) a court of this state determines that the child, the 
  8.24  child's parents, and any person acting as a parent do not have a 
  8.25  significant connection with this state and that substantial 
  8.26  evidence is no longer available in this state concerning the 
  8.27  child's care, protection, training, and personal relationships; 
  8.28  or 
  8.29     (2) a court of this state or a court of another state 
  8.30  determines that the child, the child's parents, and any person 
  8.31  acting as a parent do not presently reside in this state. 
  8.32     (b) A court of this state which has made a child custody 
  8.33  determination and does not have exclusive, continuing 
  8.34  jurisdiction under this section may modify that determination 
  8.35  only if it has jurisdiction to make an initial determination 
  8.36  under section 518D.201. 
  9.1      Sec. 3.  [518D.203] [JURISDICTION TO MODIFY DETERMINATION.] 
  9.2      Except as otherwise provided in section 518D.204, a court 
  9.3   of this state may not modify a child custody determination made 
  9.4   by a court of another state unless a court of this state has 
  9.5   jurisdiction to make an initial determination under section 
  9.6   518D.201, paragraph (a), clause (1) or (2), and: 
  9.7      (1) the court of the other state determines it no longer 
  9.8   has exclusive, continuing jurisdiction under section 518D.202 or 
  9.9   that a court of this state would be a more convenient forum 
  9.10  under section 518D.207; or 
  9.11     (2) a court of this state or a court of the other state 
  9.12  determines that the child, the child's parents, and any person 
  9.13  acting as a parent do not presently reside in the other state. 
  9.14     Sec. 4.  [518D.204] [TEMPORARY EMERGENCY JURISDICTION.] 
  9.15     (a) A court of this state has temporary emergency 
  9.16  jurisdiction if the child is present in this state and the child 
  9.17  has been abandoned or it is necessary in an emergency to protect 
  9.18  the child because the child, or a sibling or parent of the 
  9.19  child, is subjected to or threatened with mistreatment or abuse. 
  9.20     (b) If there is no previous child custody determination 
  9.21  that is entitled to be enforced under this chapter, and a child 
  9.22  custody proceeding has not been commenced in a court of a state 
  9.23  having jurisdiction under sections 518D.201 to 518D.203, a child 
  9.24  custody determination made under this section remains in effect 
  9.25  until an order is obtained from a court of a state having 
  9.26  jurisdiction under sections 518D.201 to 518D.203.  If a child 
  9.27  custody proceeding has not been or is not commenced in a court 
  9.28  of a state having jurisdiction under sections 518D.201 to 
  9.29  518D.203, a child custody determination made under this section 
  9.30  becomes a final determination, if it so provides and this state 
  9.31  becomes the home state of the child. 
  9.32     (c) If there is a previous child custody determination that 
  9.33  is entitled to be enforced under this chapter, or a child 
  9.34  custody proceeding has been commenced in a court of a state 
  9.35  having jurisdiction under sections 518D.201 to 518D.203, any 
  9.36  order issued by a court of this state under this section must 
 10.1   specify in the order a period that the court considers adequate 
 10.2   to allow the person seeking an order to obtain an order from the 
 10.3   state having jurisdiction under sections 518D.201 to 518D.203.  
 10.4   The order issued in this state remains in effect until an order 
 10.5   is obtained from the other state within the period specified or 
 10.6   the period expires. 
 10.7      (d) A court of this state which has been asked to make a 
 10.8   child custody determination under this section, upon being 
 10.9   informed that a child custody proceeding has been commenced in, 
 10.10  or a child custody determination has been made by, a court of a 
 10.11  state having jurisdiction under sections 518D.201 to 518D.203, 
 10.12  shall immediately communicate with the other court.  A court of 
 10.13  this state which is exercising jurisdiction pursuant to sections 
 10.14  518D.201 to 518D.203, upon being informed that a child custody 
 10.15  proceeding has been commenced in, or a child custody 
 10.16  determination has been made by, a court of another state under a 
 10.17  statute similar to this section shall immediately communicate 
 10.18  with the court of that state to resolve the emergency, protect 
 10.19  the safety of the parties and the child, and determine a period 
 10.20  for the duration of the temporary order. 
 10.21     Sec. 5.  [518D.205] [NOTICE; OPPORTUNITY TO BE HEARD; 
 10.22  JOINDER.] 
 10.23     (a) Before a child custody determination is made under this 
 10.24  chapter, notice and an opportunity to be heard in accordance 
 10.25  with the standards of section 518D.108 must be given to all 
 10.26  persons entitled to notice under the law of this state as in 
 10.27  child custody proceedings between residents of this state, any 
 10.28  parent whose parental rights have not been previously 
 10.29  terminated, and any person having physical custody of the child. 
 10.30     (b) This chapter does not govern the enforceability of a 
 10.31  child custody determination made without notice or an 
 10.32  opportunity to be heard. 
 10.33     (c) The obligation to join a party and the right to 
 10.34  intervene as a party in a child custody proceeding under this 
 10.35  chapter are governed by the law of this state as in child 
 10.36  custody proceedings between residents of this state. 
 11.1      Sec. 6.  [518D.206] [SIMULTANEOUS PROCEEDINGS.] 
 11.2      (a) Except as otherwise provided in section 518D.204, a 
 11.3   court of this state may not exercise its jurisdiction under 
 11.4   sections 518D.201 to 518D.210 if, at the time of the 
 11.5   commencement of the proceeding, a proceeding concerning the 
 11.6   custody of the child has been commenced in a court of another 
 11.7   state having jurisdiction substantially in conformity with this 
 11.8   chapter, unless the proceeding has been terminated or is stayed 
 11.9   by the court of the other state because a court of this state is 
 11.10  a more convenient forum under section 518D.207. 
 11.11     (b) Except as otherwise provided in section 518D.204, a 
 11.12  court of this state, before hearing a child custody proceeding, 
 11.13  shall examine the court documents and other information supplied 
 11.14  by the parties pursuant to section 518D.209.  If the court 
 11.15  determines that a child custody proceeding has been commenced in 
 11.16  a court in another state having jurisdiction substantially in 
 11.17  accordance with this chapter, the court of this state shall stay 
 11.18  its proceeding and communicate with the court of the other 
 11.19  state.  If the court of the state having jurisdiction 
 11.20  substantially in accordance with this chapter does not determine 
 11.21  that the court of this state is a more appropriate forum, the 
 11.22  court of this state shall dismiss the proceeding. 
 11.23     (c) In a proceeding to modify a child custody 
 11.24  determination, a court of this state shall determine whether a 
 11.25  proceeding to enforce the determination has been commenced in 
 11.26  another state.  If a proceeding to enforce a child custody 
 11.27  determination has been commenced in another state, the court may:
 11.28     (1) stay the proceeding for modification pending the entry 
 11.29  of an order of a court of the other state enforcing, staying, 
 11.30  denying, or dismissing the proceeding for enforcement; 
 11.31     (2) enjoin the parties from continuing with the proceeding 
 11.32  for enforcement; or 
 11.33     (3) proceed with the modification under conditions it 
 11.34  considers appropriate. 
 11.35     Sec. 7.  [518D.207] [INCONVENIENT FORUM.] 
 11.36     (a) A court of this state which has jurisdiction under this 
 12.1   chapter to make a child custody determination may decline to 
 12.2   exercise its jurisdiction at any time if it determines that it 
 12.3   is an inconvenient forum under the circumstances and that a 
 12.4   court of another state is a more appropriate forum.  The issue 
 12.5   of inconvenient forum may be raised upon motion of a party, the 
 12.6   court's own motion, or request of another court. 
 12.7      (b) Before determining whether it is an inconvenient forum, 
 12.8   a court of this state shall consider whether it is appropriate 
 12.9   for a court of another state to exercise jurisdiction.  For this 
 12.10  purpose, the court shall allow the parties to submit information 
 12.11  and shall consider all relevant factors, including: 
 12.12     (1) whether domestic violence has occurred and is likely to 
 12.13  continue in the future and which state could best protect the 
 12.14  parties and the child; 
 12.15     (2) the length of time the child has resided outside this 
 12.16  state; 
 12.17     (3) the distance between the court in this state and the 
 12.18  court in the state that would assume jurisdiction; 
 12.19     (4) the relative financial circumstances of the parties; 
 12.20     (5) any agreement of the parties as to which state should 
 12.21  assume jurisdiction; 
 12.22     (6) the nature and location of the evidence required to 
 12.23  resolve the pending litigation, including testimony of the 
 12.24  child; 
 12.25     (7) the ability of the court of each state to decide the 
 12.26  issue expeditiously and the procedures necessary to present the 
 12.27  evidence; and 
 12.28     (8) the familiarity of the court of each state with the 
 12.29  facts and issues in the pending litigation. 
 12.30     (c) If a court of this state determines that it is an 
 12.31  inconvenient forum and that a court of another state is a more 
 12.32  appropriate forum, it shall stay the proceedings upon condition 
 12.33  that a child custody proceeding be promptly commenced in another 
 12.34  designated state and may impose any other condition the court 
 12.35  considers just and proper. 
 12.36     (d) A court of this state may decline to exercise its 
 13.1   jurisdiction under this chapter if a child custody determination 
 13.2   is incidental to an action for marriage dissolution or another 
 13.3   proceeding while still retaining jurisdiction over the marriage 
 13.4   dissolution or other proceeding. 
 13.5      Sec. 8.  [518D.208] [JURISDICTION DECLINED BY REASON OF 
 13.6   CONDUCT.] 
 13.7      (a) Except as otherwise provided in section 518D.204 or by 
 13.8   other law of this state, if a court of this state has 
 13.9   jurisdiction under this chapter because a person seeking to 
 13.10  invoke its jurisdiction has engaged in unjustifiable conduct, 
 13.11  the court shall decline to exercise its jurisdiction unless: 
 13.12     (1) the parents and all persons acting as parents have 
 13.13  acquiesced in the exercise of jurisdiction; 
 13.14     (2) a court of the state otherwise having jurisdiction 
 13.15  under sections 518D.201 to 518D.203 determines that this state 
 13.16  is a more appropriate forum under section 518D.207; or 
 13.17     (3) no court of any other state would have jurisdiction 
 13.18  under the criteria specified in sections 518D.201 to 518D.203. 
 13.19     (b) If a court of this state declines to exercise its 
 13.20  jurisdiction pursuant to paragraph (a), it may fashion an 
 13.21  appropriate remedy to ensure the safety of the child and prevent 
 13.22  a repetition of the unjustifiable conduct, including staying the 
 13.23  proceeding until a child custody proceeding is commenced in a 
 13.24  court having jurisdiction under sections 518D.201 to 518D.203. 
 13.25     (c) If a court dismisses a petition or stays a proceeding 
 13.26  because it declines to exercise its jurisdiction pursuant to 
 13.27  paragraph (a), it shall assess against the party seeking to 
 13.28  invoke its jurisdiction necessary and reasonable expenses 
 13.29  including costs, communication expenses, attorney's fees, 
 13.30  investigative fees, expenses for witnesses, travel expenses, and 
 13.31  child care during the course of the proceedings, unless the 
 13.32  party from whom fees are sought establishes that the assessment 
 13.33  would be clearly inappropriate.  The court may not assess fees, 
 13.34  costs, or expenses against this state unless authorized by law 
 13.35  other than this chapter. 
 13.36     Sec. 9.  [518D.209] [INFORMATION TO BE SUBMITTED TO COURT.] 
 14.1      (a) Subject to sections 518.68, subdivision 1, and 518B.01, 
 14.2   subdivision 3b, in a child custody proceeding, each party, in 
 14.3   its first pleading or in an attached affidavit, shall give 
 14.4   information, if reasonably ascertainable, under oath as to the 
 14.5   child's present address or whereabouts, the places where the 
 14.6   child has lived during the last five years, and the names and 
 14.7   present addresses of the persons with whom the child has lived 
 14.8   during that period.  The pleading or affidavit must state 
 14.9   whether the party: 
 14.10     (1) has participated, as a party or witness or in any other 
 14.11  capacity, in any other proceeding concerning the custody of or 
 14.12  visitation with the child and, if so, identify the court, the 
 14.13  case number, and the date of the child custody determination, if 
 14.14  any; 
 14.15     (2) knows of any proceeding that could affect the current 
 14.16  proceeding, including proceedings for enforcement and 
 14.17  proceedings relating to domestic violence, protective orders, 
 14.18  termination of parental rights, and adoptions and, if so, 
 14.19  identify the court, the case number, and the nature of the 
 14.20  proceeding; and 
 14.21     (3) knows the names and addresses of any person not a party 
 14.22  to the proceeding who has physical custody of the child or 
 14.23  claims rights of legal custody or physical custody of, or 
 14.24  visitation with, the child and, if so, the names and addresses 
 14.25  of those persons. 
 14.26     (b) If the information required by paragraph (a) is not 
 14.27  furnished, the court, upon motion of a party or its own motion, 
 14.28  may stay the proceeding until the information is furnished. 
 14.29     (c) If the declaration as to any of the items described in 
 14.30  paragraph (a), clauses (1) to (3), is in the affirmative, the 
 14.31  declarant shall give additional information under oath as 
 14.32  required by the court.  The court may examine the parties under 
 14.33  oath as to details of the information furnished and other 
 14.34  matters pertinent to the court's jurisdiction and the 
 14.35  disposition of the case. 
 14.36     (d) Each party has a continuing duty to inform the court of 
 15.1   any proceeding in this or any other state that could affect the 
 15.2   current proceeding. 
 15.3      (e) If a party alleges in an affidavit or a pleading under 
 15.4   oath that the health, safety, or liberty of a party or child 
 15.5   would be jeopardized by disclosure of identifying information, 
 15.6   the information must be sealed and may not be disclosed to the 
 15.7   other party or the public unless the court orders the disclosure 
 15.8   to be made after a hearing in which the court takes into 
 15.9   consideration the health, safety, or liberty of the party or 
 15.10  child and determines that the disclosure is in the interest of 
 15.11  justice. 
 15.12     Sec. 10.  [518D.210] [APPEARANCE OF PARTIES AND CHILD.] 
 15.13     (a) In a child custody proceeding in this state, the court 
 15.14  may order a party to the proceeding who is in this state to 
 15.15  appear before the court in person with or without the child.  
 15.16  The court may order any person who is in this state and who has 
 15.17  physical custody or control of the child to appear in person 
 15.18  with the child. 
 15.19     (b) If a party to a child custody proceeding whose presence 
 15.20  is desired by the court is outside this state, the court may 
 15.21  order that a notice given pursuant to section 518D.108 include a 
 15.22  statement directing the party to appear in person with or 
 15.23  without the child and informing the party that failure to appear 
 15.24  may result in a decision adverse to the party. 
 15.25     (c) The court may enter any orders necessary to ensure the 
 15.26  safety of the child and of any person ordered to appear under 
 15.27  this section. 
 15.28     (d) If a party to a child custody proceeding who is outside 
 15.29  this state is directed to appear under paragraph (b) or desires 
 15.30  to appear personally before the court with or without the child, 
 15.31  the court may require another party to pay reasonable and 
 15.32  necessary travel and other expenses of the party so appearing 
 15.33  and of the child. 
 15.34                             ARTICLE 3 
 15.35                            ENFORCEMENT 
 15.36     Section 1.  [518D.301] [DEFINITIONS.] 
 16.1      In sections 518D.301 to 518D.317: 
 16.2      (1) "petitioner" means a person who seeks enforcement of an 
 16.3   order for return of a child under the Hague Convention on the 
 16.4   Civil Aspects of International Child Abduction or enforcement of 
 16.5   a child custody determination; and 
 16.6      (2) "respondent" means a person against whom a proceeding 
 16.7   has been commenced for enforcement of an order for return of a 
 16.8   child under the Hague Convention on the Civil Aspects of 
 16.9   International Child Abduction or enforcement of a child custody 
 16.10  determination. 
 16.11     Sec. 2.  [518D.302] [ENFORCEMENT UNDER HAGUE CONVENTION.] 
 16.12     Under sections 518D.301 to 518D.317 a court of this state 
 16.13  may enforce an order for the return of the child made under the 
 16.14  Hague Convention on the Civil Aspects of International Child 
 16.15  Abduction as if it were a child custody determination. 
 16.16     Sec. 3.  [518D.303] [DUTY TO ENFORCE.] 
 16.17     (a) A court of this state shall recognize and enforce a 
 16.18  child custody determination of a court of another state if the 
 16.19  latter court exercised jurisdiction in substantial conformity 
 16.20  with this chapter or the determination was made under factual 
 16.21  circumstances meeting the jurisdictional standards of this 
 16.22  chapter and the determination has not been modified in 
 16.23  accordance with this chapter. 
 16.24     (b) A court of this state may utilize any remedy available 
 16.25  under other law of this state to enforce a child custody 
 16.26  determination made by a court of another state.  The remedies 
 16.27  provided in sections 518D.301 to 518D.317 are cumulative and do 
 16.28  not affect the availability of other remedies to enforce a child 
 16.29  custody determination. 
 16.30     Sec. 4.  [518D.304] [TEMPORARY VISITATION.] 
 16.31     (a) A court of this state which does not have jurisdiction 
 16.32  to modify a child custody determination may issue a temporary 
 16.33  order enforcing: 
 16.34     (1) a visitation schedule made by a court of another state; 
 16.35  or 
 16.36     (2) the visitation provisions of a child custody 
 17.1   determination of another state that does not provide for a 
 17.2   specific visitation schedule. 
 17.3      (b) If a court of this state makes an order under paragraph 
 17.4   (a), clause (2), it shall specify in the order a period that it 
 17.5   considers adequate to allow the petitioner to obtain an order 
 17.6   from a court having jurisdiction under the criteria specified in 
 17.7   sections 518D.201 to 518D.210.  The order remains in effect 
 17.8   until an order is obtained from the other court or the period 
 17.9   expires. 
 17.10     Sec. 5.  [518D.305] [REGISTRATION OF CHILD CUSTODY 
 17.11  DETERMINATION.] 
 17.12     (a) A child custody determination issued by a court of 
 17.13  another state may be registered in this state, with or without a 
 17.14  simultaneous request for enforcement, by sending to the district 
 17.15  court in this state: 
 17.16     (1) a letter or other document requesting registration; 
 17.17     (2) two copies, including one certified copy, of the 
 17.18  determination sought to be registered, and a statement under 
 17.19  penalty of perjury that to the best of the knowledge and belief 
 17.20  of the person seeking registration the order has not been 
 17.21  modified; and 
 17.22     (3) except as otherwise provided in section 518D.209, the 
 17.23  name and address of the person seeking registration and any 
 17.24  parent or person acting as a parent who has been awarded custody 
 17.25  or visitation in the child custody determination sought to be 
 17.26  registered. 
 17.27     (b) On receipt of the documents required by paragraph (a), 
 17.28  the registering court shall: 
 17.29     (1) cause the determination to be filed as a foreign 
 17.30  judgment, together with one copy of any accompanying documents 
 17.31  and information, regardless of their form; and 
 17.32     (2) serve notice upon the persons named pursuant to 
 17.33  paragraph (a), clause (3), and provide them with an opportunity 
 17.34  to contest the registration in accordance with this section. 
 17.35     (c) The notice required by paragraph (b), clause (2), must 
 17.36  state that: 
 18.1      (1) a registered determination is enforceable as of the 
 18.2   date of the registration in the same manner as a determination 
 18.3   issued by a court of this state; 
 18.4      (2) a hearing to contest the validity of the registered 
 18.5   determination must be requested within 20 days after service of 
 18.6   notice; and 
 18.7      (3) failure to contest the registration will result in 
 18.8   confirmation of the child custody determination and preclude 
 18.9   further contest of that determination with respect to any matter 
 18.10  that could have been asserted. 
 18.11     (d) A person seeking to contest the validity of a 
 18.12  registered order must request a hearing within 20 days after 
 18.13  service of the notice.  At that hearing, the court shall confirm 
 18.14  the registered order unless the person contesting registration 
 18.15  establishes that: 
 18.16     (1) the issuing court did not have jurisdiction under 
 18.17  sections 518D.201 to 518D.210; 
 18.18     (2) the child custody determination sought to be registered 
 18.19  has been vacated, stayed, or modified by a court having 
 18.20  jurisdiction to do so under sections 518D.201 to 518D.210; or 
 18.21     (3) the person contesting registration was entitled to 
 18.22  notice, but notice was not given in accordance with the 
 18.23  standards of section 518D.108, in the proceedings before the 
 18.24  court that issued the order for which registration is sought. 
 18.25     (e) If a timely request for a hearing to contest the 
 18.26  validity of the registration is not made, the registration is 
 18.27  confirmed as a matter of law and the person requesting 
 18.28  registration and all persons served must be notified of the 
 18.29  confirmation. 
 18.30     (f) Confirmation of a registered order, whether by 
 18.31  operation of law or after notice and hearing, precludes further 
 18.32  contest of the order with respect to any matter that could have 
 18.33  been asserted at the time of registration. 
 18.34     Sec. 6.  [518D.306] [ENFORCEMENT OF REGISTERED 
 18.35  DETERMINATION.] 
 18.36     (a) A court of this state may grant any relief normally 
 19.1   available under the law of this state to enforce a registered 
 19.2   child custody determination made by a court of another state. 
 19.3      (b) A court of this state shall recognize and enforce, but 
 19.4   may not modify, except in accordance with sections 518D.201 to 
 19.5   518D.210, a registered child custody determination of a court of 
 19.6   another state. 
 19.7      Sec. 7.  [518D.307] [SIMULTANEOUS PROCEEDINGS.] 
 19.8      If a proceeding for enforcement under sections 518D.301 to 
 19.9   518D.317 is commenced in a court of this state and the court 
 19.10  determines that a proceeding to modify the determination is 
 19.11  pending in a court of another state having jurisdiction to 
 19.12  modify the determination under sections 518D.201 to 518D.210, 
 19.13  the enforcing court shall immediately communicate with the 
 19.14  modifying court.  The proceeding for enforcement continues 
 19.15  unless the enforcing court, after consultation with the 
 19.16  modifying court, stays or dismisses the proceeding. 
 19.17     Sec. 8.  [518D.308] [EXPEDITED ENFORCEMENT OF CHILD CUSTODY 
 19.18  DETERMINATION.] 
 19.19     (a) A petition under sections 518D.301 to 518D.317 must be 
 19.20  verified.  Certified copies of all orders sought to be enforced 
 19.21  and of any order confirming registration must be attached to the 
 19.22  petition.  A copy of a certified copy of an order may be 
 19.23  attached instead of the original. 
 19.24     (b) A petition for enforcement of a child custody 
 19.25  determination must state: 
 19.26     (1) whether the court that issued the determination 
 19.27  identified the jurisdictional basis it relied upon in exercising 
 19.28  jurisdiction and, if so, what the basis was; 
 19.29     (2) whether the determination for which enforcement is 
 19.30  sought has been vacated, stayed, or modified by a court whose 
 19.31  decision must be enforced under this chapter and, if so, 
 19.32  identify the court, the case number, and the nature of the 
 19.33  proceeding; 
 19.34     (3) whether any proceeding has been commenced that could 
 19.35  affect the current proceeding, including proceedings relating to 
 19.36  domestic violence, protective orders, termination of parental 
 20.1   rights, and adoptions and, if so, identify the court, the case 
 20.2   number, and the nature of the proceeding; 
 20.3      (4) the present physical address of the child and the 
 20.4   respondent, if known; 
 20.5      (5) whether relief in addition to the immediate physical 
 20.6   custody of the child and attorney's fees is sought, including a 
 20.7   request for assistance from law enforcement officials and, if 
 20.8   so, the relief sought; and 
 20.9      (6) if the child custody determination has been registered 
 20.10  and confirmed under section 518D.305, the date and place of 
 20.11  registration. 
 20.12     (c) Upon the filing of a petition, the court shall issue an 
 20.13  order directing the respondent to appear in person with or 
 20.14  without the child at a hearing and may enter any order necessary 
 20.15  to ensure the safety of the parties and the child.  The hearing 
 20.16  must be held on the next judicial day after service of the order 
 20.17  unless that date is impossible.  In that event, the court shall 
 20.18  hold the hearing on the first judicial day possible.  The court 
 20.19  may extend the date of hearing at the request of the petitioner. 
 20.20     (d) An order issued under paragraph (c) must state the time 
 20.21  and place of the hearing and advise the respondent that at the 
 20.22  hearing the court will order that the petitioner may take 
 20.23  immediate physical custody of the child and the payment of fees, 
 20.24  costs, and expenses under section 518D.312, and may schedule a 
 20.25  hearing to determine whether further relief is appropriate, 
 20.26  unless the respondent appears and establishes that: 
 20.27     (1) the child custody determination has not been registered 
 20.28  and confirmed under section 518D.305 and that: 
 20.29     (i) the issuing court did not have jurisdiction under 
 20.30  sections 518D.201 to 518D.210; 
 20.31     (ii) the child custody determination for which enforcement 
 20.32  is sought has been vacated, stayed, or modified by a court 
 20.33  having jurisdiction to do so under sections 518D.201 to 
 20.34  518D.210; 
 20.35     (iii) the respondent was entitled to notice, but notice was 
 20.36  not given in accordance with the standards of section 518D.108, 
 21.1   in the proceedings before the court that issued the order for 
 21.2   which enforcement is sought; or 
 21.3      (2) the child custody determination for which enforcement 
 21.4   is sought was registered and confirmed under section 518D.304, 
 21.5   but has been vacated, stayed, or modified by a court of a state 
 21.6   having jurisdiction to do so under sections 518D.201 to 518D.210.
 21.7      Sec. 9.  [518D.309] [SERVICE OF PETITION AND ORDER.] 
 21.8      Except as otherwise provided in section 518D.311, the 
 21.9   petition and order must be served by any method authorized by 
 21.10  law upon the respondent and any person who has physical custody 
 21.11  of the child. 
 21.12     Sec. 10.  [518D.310] [HEARING AND ORDER.] 
 21.13     (a) Unless the court issues a temporary emergency order 
 21.14  pursuant to section 518D.204, upon a finding that a petitioner 
 21.15  is entitled to immediate physical custody of the child, the 
 21.16  court shall order that the petitioner may take immediate 
 21.17  physical custody of the child unless the respondent establishes 
 21.18  that: 
 21.19     (1) the child custody determination has not been registered 
 21.20  and confirmed under section 518D.305 and that: 
 21.21     (i) the issuing court did not have jurisdiction under 
 21.22  sections 518D.201 to 518D.210; 
 21.23     (ii) the child custody determination for which enforcement 
 21.24  is sought has been vacated, stayed, or modified by a court of a 
 21.25  state having jurisdiction to do so under sections 518D.201 to 
 21.26  518D.210; or 
 21.27     (iii) the respondent was entitled to notice, but notice was 
 21.28  not given in accordance with the standards of section 518D.108, 
 21.29  in the proceedings before the court that issued the order for 
 21.30  which enforcement is sought; or 
 21.31     (2) the child custody determination for which enforcement 
 21.32  is sought was registered and confirmed under section 518D.305 
 21.33  but has been vacated, stayed, or modified by a court of a state 
 21.34  having jurisdiction to do so under sections 518D.201 to 518D.210.
 21.35     (b) The court shall award the fees, costs, and expenses 
 21.36  authorized under section 518D.312 and may grant additional 
 22.1   relief, including a request for the assistance of law 
 22.2   enforcement officials, and set a further hearing to determine 
 22.3   whether additional relief is appropriate. 
 22.4      (c) If a party called to testify refuses to answer on the 
 22.5   ground that the testimony may be self-incriminating, the court 
 22.6   may draw an adverse inference from the refusal. 
 22.7      (d) A privilege against disclosure of communications 
 22.8   between spouses and a defense of immunity based on the 
 22.9   relationship of husband and wife or parent and child may not be 
 22.10  invoked in a proceeding under sections 518D.301 to 518D.317. 
 22.11     Sec. 11.  [518D.311] [WARRANT TO TAKE PHYSICAL CUSTODY OF 
 22.12  CHILD.] 
 22.13     (a) Upon the filing of a petition seeking enforcement of a 
 22.14  child custody determination, the petitioner may file a verified 
 22.15  application for the issuance of a warrant to take physical 
 22.16  custody of the child if the child is immediately likely to 
 22.17  suffer serious physical harm or be removed from this state. 
 22.18     (b) If the court, upon the testimony of the petitioner or 
 22.19  other witness, finds that the child is imminently likely to 
 22.20  suffer serious physical harm or be removed from this state, it 
 22.21  may issue a warrant to take physical custody of the child.  The 
 22.22  petition must be heard on the next judicial day after the 
 22.23  warrant is executed unless that date is impossible.  In that 
 22.24  event, the court shall hold the hearing on the first judicial 
 22.25  day possible.  The application for the warrant must include the 
 22.26  statements required by section 518D.308, paragraph (b). 
 22.27     (c) A warrant to take physical custody of a child must: 
 22.28     (1) recite the facts upon which a conclusion of imminent 
 22.29  serious physical harm or removal from the jurisdiction is based; 
 22.30     (2) direct law enforcement officers to take physical 
 22.31  custody of the child immediately; and 
 22.32     (3) provide for the placement of the child pending final 
 22.33  relief. 
 22.34     (d) The respondent must be served with the petition, 
 22.35  warrant, and order immediately after the child is taken into 
 22.36  physical custody. 
 23.1      (e) A warrant to take physical custody of a child is 
 23.2   enforceable throughout this state.  If the court finds on the 
 23.3   basis of the testimony of the petitioner or other witness that a 
 23.4   less intrusive remedy is not effective, it may authorize law 
 23.5   enforcement officers to enter private property to take physical 
 23.6   custody of the child.  If required by exigent circumstances of 
 23.7   the case, the court may authorize law enforcement officers to 
 23.8   make a forcible entry at any hour. 
 23.9      (f) The court may impose conditions upon placement of a 
 23.10  child to ensure the appearance of the child and the child's 
 23.11  custodian. 
 23.12     Sec. 12.  [518D.312] [COSTS, FEES, AND EXPENSES.] 
 23.13     (a) The court shall award the prevailing party, including a 
 23.14  state, necessary and reasonable expenses incurred by or on 
 23.15  behalf of the party, including costs, communication expenses, 
 23.16  attorney's fees, investigative fees, expenses for witnesses, 
 23.17  travel expenses, and child care during the course of the 
 23.18  proceedings, unless the party from whom fees or expenses are 
 23.19  sought establishes that the award would be clearly inappropriate.
 23.20     (b) The court may not assess fees, costs, or expenses 
 23.21  against a state unless authorized by law other than this chapter.
 23.22     Sec. 13.  [518D.313] [RECOGNITION AND ENFORCEMENT.] 
 23.23     A court of this state shall accord full faith and credit to 
 23.24  an order issued by another state and consistent with this 
 23.25  chapter which enforces a child custody determination by a court 
 23.26  of another state unless the order has been vacated, stayed, or 
 23.27  modified by a court having jurisdiction to do so under sections 
 23.28  518D.201 to 518D.210. 
 23.29     Sec. 14.  [518D.314] [APPEALS.] 
 23.30     An appeal may be taken from a final order in a proceeding 
 23.31  under sections 518D.301 to 518D.317 in accordance with Minnesota 
 23.32  Rules of Civil Procedure, Rule 127.  Unless the court enters a 
 23.33  temporary emergency order under section 518D.204, the enforcing 
 23.34  court may not stay an order enforcing a child custody 
 23.35  determination pending appeal. 
 23.36     Sec. 15.  [518D.315] [ROLE OF PROSECUTOR.] 
 24.1      (a) In a case arising under this chapter or involving the 
 24.2   Hague Convention on the Civil Aspects of International Child 
 24.3   Abduction, the prosecutor or other appropriate public official 
 24.4   may take any lawful action, including resort to a proceeding 
 24.5   under sections 518D.301 to 518D.317 or any other available civil 
 24.6   proceeding to locate a child, obtain the return of a child, or 
 24.7   enforce a child custody determination if there is: 
 24.8      (1) an existing child custody determination; 
 24.9      (2) a request to do so from a court in a pending child 
 24.10  custody proceeding; 
 24.11     (3) a reasonable belief that a criminal statute has been 
 24.12  violated; or 
 24.13     (4) a reasonable belief that the child has been wrongfully 
 24.14  removed or retained in violation of the Hague Convention on the 
 24.15  Civil Aspects of International Child Abduction. 
 24.16     (b) A prosecutor acting under this section acts on behalf 
 24.17  of the court and may not represent any party. 
 24.18     Sec. 16.  [518D.316] [ROLE OF LAW ENFORCEMENT.] 
 24.19     At the request of a prosecutor acting under section 
 24.20  518D.315, a law enforcement officer may take any lawful action 
 24.21  reasonably necessary to locate a child or a party and assist a 
 24.22  prosecutor with responsibilities under section 518D.315. 
 24.23     Sec. 17.  [518D.317] [COSTS AND EXPENSES.] 
 24.24     If the respondent is not the prevailing party, the court 
 24.25  may assess against the respondent all direct expenses and costs 
 24.26  incurred by the prosecutor and law enforcement officers under 
 24.27  section 518D.315 or 518D.316. 
 24.28     Sec. 18.  [REPEALER.] 
 24.29     Minnesota Statutes 1998, sections 518A.01; 518A.02; 
 24.30  518A.03; 518A.04; 518A.05; 518A.06; 518A.07; 518A.08; 518A.09; 
 24.31  518A.10; 518A.11; 518A.12; 518A.13; 518A.14; 518A.15; 518A.16; 
 24.32  518A.17; 518A.18; 518A.19; 518A.20; 518A.21; 518A.22; 518A.23; 
 24.33  518A.24; and 518A.25, are repealed. 
 24.34     Sec. 19.  [INSTRUCTION TO REVISOR.] 
 24.35     The revisor of statutes shall change the reference to 
 24.36  "sections 518A.01 to 518A.25" in Minnesota Statutes, section 
 25.1   518.155, to "chapter 518D." 
 25.2      Sec. 20.  [EFFECTIVE DATE.] 
 25.3      This act is effective January 1, 2000.  A motion or other 
 25.4   request for relief made in a child custody proceeding or to 
 25.5   enforce a child custody determination which was commenced before 
 25.6   the effective date of this act is governed by the law in effect 
 25.7   at the time the motion or other request was made.