Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 74-S.F.No. 129
An act relating to family law; enacting the Uniform
Child Custody Jurisdiction and Enforcement Act;
proposing coding for new law as chapter 518D;
repealing Minnesota Statutes 1998, sections 518A.01;
518A.02; 518A.03; 518A.04; 518A.05; 518A.06; 518A.07;
518A.08; 518A.09; 518A.10; 518A.11; 518A.12; 518A.13;
518A.14; 518A.15; 518A.16; 518A.17; 518A.18; 518A.19;
518A.20; 518A.21; 518A.22; 518A.23; 518A.24; and
518A.25.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
UNIFORM CHILD CUSTODY JURISDICTION
AND ENFORCEMENT ACT (1997)
ARTICLE 1
GENERAL PROVISIONS
Section 1. [518D.101] [SHORT TITLE.]
This chapter may be cited as the Uniform Child Custody
Jurisdiction and Enforcement Act.
Sec. 2. [518D.102] [DEFINITIONS.]
(a) The definitions in this section apply to this chapter.
(b) "Abandoned" means left without provision for reasonable
and necessary care or supervision.
(c) "Child" means an individual who has not attained 18
years of age.
(d) "Child custody determination" means a judgment, decree,
or other order of a court providing for the legal custody,
physical custody, or visitation with respect to a child. The
term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child
support or other monetary obligation of an individual.
(e) "Child custody proceeding" means a proceeding in which
legal custody, physical custody, or visitation with respect to a
child is an issue. The term includes a proceeding for divorce,
separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic
violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under sections 518D.301 to 518D.317.
(f) "Commencement" means the filing of the first pleading
in a proceeding.
(g) "Court" means an entity authorized under the law of a
state to establish, enforce, or modify a child custody
determination.
(h) "Home state" means the state in which a child lived
with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a
child custody proceeding. In the case of a child less than six
months of age, the term means the state in which the child lived
from birth with any of the persons mentioned. A period of
temporary absence of any of the mentioned persons is part of the
period.
(i) "Initial determination" means the first child custody
determination concerning a particular child.
(j) "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under this
chapter.
(k) "Issuing state" means the state in which a child
custody determination is made.
(l) "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a
previous determination concerning the same child, whether or not
it is made by the court that made the previous determination.
(m) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or
any other legal or commercial entity.
(n) "Person acting as a parent" means a person, other than
a parent, who:
(1) has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a
right to legal custody under the law of this state.
(o) "Physical custody" means the physical care and
supervision of a child.
(p) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(q) "Tribe" means an Indian tribe or band, or Alaskan
native village, which is recognized by federal law or formally
acknowledged by a state.
(r) "Warrant" means an order issued by a court authorizing
law enforcement officers to take physical custody of a child.
Sec. 3. [518D.103] [PROCEEDINGS GOVERNED BY OTHER LAW.]
This chapter does not govern an adoption proceeding or a
proceeding pertaining to the authorization of emergency medical
care for a child.
Sec. 4. [518D.104] [APPLICATION TO INDIAN TRIBES.]
(a) A child custody proceeding that pertains to an Indian
child as defined in the Indian Child Welfare Act, United States
Code, title 25, section 1901, et seq., is not subject to this
chapter to the extent that it is governed by the Indian Child
Welfare Act.
(b) A court of this state shall treat a tribe as if it were
a state of the United States for the purpose of applying
sections 518D.101 to 518D.210.
(c) A child custody determination made by a tribe under
factual circumstances in substantial conformity with the
jurisdictional standards of this chapter must be recognized and
enforced under sections 518D.301 to 518D.317.
Sec. 5. [518D.105] [INTERNATIONAL APPLICATION.]
(a) A court of this state shall treat a foreign country as
if it were a state of the United States for the purpose of
applying sections 518D.101 to 518D.210.
(b) Except as otherwise provided in paragraph (c), a child
custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional
standards of this chapter must be recognized and enforced under
sections 518D.301 to 518D.317.
(c) A court of this state need not apply this chapter if
the child custody law of a foreign country violates fundamental
principles of human rights.
Sec. 6. [518D.106] [EFFECT OF CHILD CUSTODY
DETERMINATION.]
A child custody determination made by a court of this state
that had jurisdiction under this chapter binds all persons who
have been served in accordance with the laws of this state or
notified in accordance with section 518D.108 or who have
submitted to the jurisdiction of the court, and who have been
given an opportunity to be heard. As to those persons, the
determination is conclusive as to all decided issues of law and
fact except to the extent the determination is modified.
Sec. 7. [518D.107] [PRIORITY.]
If a question of existence or exercise of jurisdiction
under this chapter is raised in a child custody proceeding, the
question, upon request of a party, must be given priority on the
calendar and handled expeditiously.
Sec. 8. [518D.108] [NOTICE TO PERSONS OUTSIDE STATE.]
(a) Notice required for the exercise of jurisdiction when a
person is outside this state may be given in a manner prescribed
by the law of this state for service of process or by the law of
the state in which the service is made. Notice must be given in
a manner reasonably calculated to give actual notice but may be
by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed
by the law of this state or by the law of the state in which the
service is made.
(c) Notice is not required for the exercise of jurisdiction
with respect to a person who submits to the jurisdiction of the
court.
Sec. 9. [518D.109] [APPEARANCE AND LIMITED IMMUNITY.]
(a) A party to a child custody proceeding, including a
modification proceeding, or a petitioner or respondent in a
proceeding to enforce or register a child custody determination,
is not subject to personal jurisdiction in this state for
another proceeding or purpose solely by reason of having
participated, or of having been physically present for the
purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in
this state on a basis other than physical presence is not immune
from service of process in this state. A party present in this
state who is subject to the jurisdiction of another state is not
immune from service of process allowable under the laws of that
state.
(c) The immunity granted by paragraph (a) does not extend
to civil litigation based on acts unrelated to the participation
in a proceeding under this chapter committed by an individual
while present in this state.
Sec. 10. [518D.110] [COMMUNICATION BETWEEN COURTS.]
(a) A court of this state may communicate with a court in
another state concerning a proceeding arising under this chapter.
(b) The court may allow the parties to participate in the
communication. If the parties are not able to participate in
the communication, they must be given the opportunity to present
facts and legal arguments before a decision on jurisdiction is
made.
(c) Communication between courts on schedules, calendars,
court records, and similar matters may occur without informing
the parties. A record need not be made of the communication.
(d) Except as otherwise provided in paragraph (c), a record
must be made of a communication under this section. The parties
must be informed promptly of the communication and granted
access to the record.
(e) For the purposes of this section, "record" means
information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in
perceivable form.
Sec. 11. [518D.111] [TAKING TESTIMONY IN ANOTHER STATE.]
(a) In addition to other procedures available to a party, a
party to a child custody proceeding may offer testimony of
witnesses who are located in another state, including testimony
of the parties and the child, by deposition or other means
allowable in this state for testimony taken in another state.
The court on its own motion may order that the testimony of a
person be taken in another state and may prescribe the manner in
which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing
in another state to be deposed or to testify by telephone,
audiovisual means, or other electronic means before a designated
court or at another location in that state. A court of this
state shall cooperate with courts of other states in designating
an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to
a court of this state by technological means that do not produce
an original writing may not be excluded from evidence on an
objection based on the means of transmission.
Sec. 12. [518D.112] [COOPERATION BETWEEN COURTS;
PRESERVATION OF RECORDS.]
(a) A court of this state may request the appropriate court
of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to
procedures of that state;
(3) order that an evaluation be made with respect to the
custody of a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of
the transcript of the record of the hearing, the evidence
otherwise presented, and any evaluation prepared in compliance
with the request; and
(5) order a party to a child custody proceeding or any
person having physical custody of the child to appear in the
proceeding with or without the child.
(b) Upon request of a court of another state, a court of
this state may hold a hearing or enter an order described in
paragraph (a).
(c) Travel and other necessary and reasonable expenses
incurred under paragraphs (a) and (b) may be assessed against
the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings,
orders, decrees, records of hearings, evaluations, and other
pertinent records with respect to a child custody proceeding
until the child attains 18 years of age. Upon appropriate
request by a court or law enforcement official of another state,
the court shall forward a certified copy of those records.
ARTICLE 2
JURISDICTION
Section 1. [518D.201] [INITIAL CHILD CUSTODY
JURISDICTION.]
(a) Except as otherwise provided in section 518D.204, a
court of this state has jurisdiction to make an initial child
custody determination only if:
(1) this state is the home state of the child on the date
of the commencement of the proceeding, or was the home state of
the child within six months before the commencement of the
proceeding and the child is absent from this state but a parent
or person acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction
under clause (1), or a court of the home state of the child has
declined to exercise jurisdiction on the ground that this state
is the more appropriate forum under section 518D.207 or
518D.208, and:
(i) the child and the child's parents, or the child and at
least one parent or a person acting as a parent, have a
significant connection with this state other than mere physical
presence; and
(ii) substantial evidence is available in this state
concerning the child's care, protection, training, and personal
relationships;
(3) all courts having jurisdiction under clause (1) or (2)
have declined to exercise jurisdiction on the ground that a
court of this state is the more appropriate forum to determine
the custody of the child under section 518D.207 or 518D.208; or
(4) no court of any other state would have jurisdiction
under the criteria specified in clause (1), (2), or (3).
(b) Paragraph (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a
party or a child is not necessary or sufficient to make a child
custody determination.
Sec. 2. [518D.202] [EXCLUSIVE, CONTINUING JURISDICTION.]
(a) Except as otherwise provided in section 518D.204, a
court of this state which has made a child custody determination
consistent with section 518D.201 or 518D.203 has exclusive,
continuing jurisdiction over the determination until:
(1) a court of this state determines that the child, the
child's parents, and any person acting as a parent do not have a
significant connection with this state and that substantial
evidence is no longer available in this state concerning the
child's care, protection, training, and personal relationships;
or
(2) a court of this state or a court of another state
determines that the child, the child's parents, and any person
acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody
determination and does not have exclusive, continuing
jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination
under section 518D.201.
Sec. 3. [518D.203] [JURISDICTION TO MODIFY DETERMINATION.]
Except as otherwise provided in section 518D.204, a court
of this state may not modify a child custody determination made
by a court of another state unless a court of this state has
jurisdiction to make an initial determination under section
518D.201, paragraph (a), clause (1) or (2), and:
(1) the court of the other state determines it no longer
has exclusive, continuing jurisdiction under section 518D.202 or
that a court of this state would be a more convenient forum
under section 518D.207; or
(2) a court of this state or a court of the other state
determines that the child, the child's parents, and any person
acting as a parent do not presently reside in the other state.
Sec. 4. [518D.204] [TEMPORARY EMERGENCY JURISDICTION.]
(a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child
has been abandoned or it is necessary in an emergency to protect
the child because the child, or a sibling or parent of the
child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination
that is entitled to be enforced under this chapter, and a child
custody proceeding has not been commenced in a court of a state
having jurisdiction under sections 518D.201 to 518D.203, a child
custody determination made under this section remains in effect
until an order is obtained from a court of a state having
jurisdiction under sections 518D.201 to 518D.203. If a child
custody proceeding has not been or is not commenced in a court
of a state having jurisdiction under sections 518D.201 to
518D.203, a child custody determination made under this section
becomes a final determination, if it so provides and this state
becomes the home state of the child.
(c) If there is a previous child custody determination that
is entitled to be enforced under this chapter, or a child
custody proceeding has been commenced in a court of a state
having jurisdiction under sections 518D.201 to 518D.203, any
order issued by a court of this state under this section must
specify in the order a period that the court considers adequate
to allow the person seeking an order to obtain an order from the
state having jurisdiction under sections 518D.201 to 518D.203.
The order issued in this state remains in effect until an order
is obtained from the other state within the period specified or
the period expires.
(d) A court of this state which has been asked to make a
child custody determination under this section, upon being
informed that a child custody proceeding has been commenced in,
or a child custody determination has been made by, a court of a
state having jurisdiction under sections 518D.201 to 518D.203,
shall immediately communicate with the other court. A court of
this state which is exercising jurisdiction pursuant to sections
518D.201 to 518D.203, upon being informed that a child custody
proceeding has been commenced in, or a child custody
determination has been made by, a court of another state under a
statute similar to this section shall immediately communicate
with the court of that state to resolve the emergency, protect
the safety of the parties and the child, and determine a period
for the duration of the temporary order.
Sec. 5. [518D.205] [NOTICE; OPPORTUNITY TO BE HEARD;
JOINDER.]
(a) Before a child custody determination is made under this
chapter, notice and an opportunity to be heard in accordance
with the standards of section 518D.108 must be given to all
persons entitled to notice under the law of this state as in
child custody proceedings between residents of this state, any
parent whose parental rights have not been previously
terminated, and any person having physical custody of the child.
(b) This chapter does not govern the enforceability of a
child custody determination made without notice or an
opportunity to be heard.
(c) The obligation to join a party and the right to
intervene as a party in a child custody proceeding under this
chapter are governed by the law of this state as in child
custody proceedings between residents of this state.
Sec. 6. [518D.206] [SIMULTANEOUS PROCEEDINGS.]
(a) Except as otherwise provided in section 518D.204, a
court of this state may not exercise its jurisdiction under
sections 518D.201 to 518D.210 if, at the time of the
commencement of the proceeding, a proceeding concerning the
custody of the child has been commenced in a court of another
state having jurisdiction substantially in conformity with this
chapter, unless the proceeding has been terminated or is stayed
by the court of the other state because a court of this state is
a more convenient forum under section 518D.207.
(b) Except as otherwise provided in section 518D.204, a
court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information supplied
by the parties pursuant to section 518D.209. If the court
determines that a child custody proceeding has been commenced in
a court in another state having jurisdiction substantially in
accordance with this chapter, the court of this state shall stay
its proceeding and communicate with the court of the other
state. If the court of the state having jurisdiction
substantially in accordance with this chapter does not determine
that the court of this state is a more appropriate forum, the
court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody
determination, a court of this state shall determine whether a
proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child custody
determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry
of an order of a court of the other state enforcing, staying,
denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding
for enforcement; or
(3) proceed with the modification under conditions it
considers appropriate.
Sec. 7. [518D.207] [INCONVENIENT FORUM.]
(a) A court of this state which has jurisdiction under this
chapter to make a child custody determination may decline to
exercise its jurisdiction at any time if it determines that it
is an inconvenient forum under the circumstances and that a
court of another state is a more appropriate forum. The issue
of inconvenient forum may be raised upon motion of a party, the
court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum,
a court of this state shall consider whether it is appropriate
for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information
and shall consider all relevant factors, including:
(1) whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the
parties and the child;
(2) the length of time the child has resided outside this
state;
(3) the distance between the court in this state and the
court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should
assume jurisdiction;
(6) the nature and location of the evidence required to
resolve the pending litigation, including testimony of the
child;
(7) the ability of the court of each state to decide the
issue expeditiously and the procedures necessary to present the
evidence; and
(8) the familiarity of the court of each state with the
facts and issues in the pending litigation.
(c) If a court of this state determines that it is an
inconvenient forum and that a court of another state is a more
appropriate forum, it shall stay the proceedings upon condition
that a child custody proceeding be promptly commenced in another
designated state and may impose any other condition the court
considers just and proper.
(d) A court of this state may decline to exercise its
jurisdiction under this chapter if a child custody determination
is incidental to an action for marriage dissolution or another
proceeding while still retaining jurisdiction over the marriage
dissolution or other proceeding.
Sec. 8. [518D.208] [JURISDICTION DECLINED BY REASON OF
CONDUCT.]
(a) Except as otherwise provided in section 518D.204 or by
other law of this state, if a court of this state has
jurisdiction under this chapter because a person seeking to
invoke its jurisdiction has engaged in unjustifiable conduct,
the court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction
under sections 518D.201 to 518D.203 determines that this state
is a more appropriate forum under section 518D.207; or
(3) no court of any other state would have jurisdiction
under the criteria specified in sections 518D.201 to 518D.203.
(b) If a court of this state declines to exercise its
jurisdiction pursuant to paragraph (a), it may fashion an
appropriate remedy to ensure the safety of the child and prevent
a repetition of the unjustifiable conduct, including staying the
proceeding until a child custody proceeding is commenced in a
court having jurisdiction under sections 518D.201 to 518D.203.
(c) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
paragraph (a), it shall assess against the party seeking to
invoke its jurisdiction necessary and reasonable expenses
including costs, communication expenses, attorney's fees,
investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the
party from whom fees are sought establishes that the assessment
would be clearly inappropriate. The court may not assess fees,
costs, or expenses against this state unless authorized by law
other than this chapter.
Sec. 9. [518D.209] [INFORMATION TO BE SUBMITTED TO COURT.]
(a) Subject to sections 518.68, subdivision 1, and 518B.01,
subdivision 3b, in a child custody proceeding, each party, in
its first pleading or in an attached affidavit, shall give
information, if reasonably ascertainable, under oath as to the
child's present address or whereabouts, the places where the
child has lived during the last five years, and the names and
present addresses of the persons with whom the child has lived
during that period. The pleading or affidavit must state
whether the party:
(1) has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or
visitation with the child and, if so, identify the court, the
case number, and the date of the child custody determination, if
any;
(2) knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and
proceedings relating to domestic violence, protective orders,
termination of parental rights, and adoptions and, if so,
identify the court, the case number, and the nature of the
proceeding; and
(3) knows the names and addresses of any person not a party
to the proceeding who has physical custody of the child or
claims rights of legal custody or physical custody of, or
visitation with, the child and, if so, the names and addresses
of those persons.
(b) If the information required by paragraph (a) is not
furnished, the court, upon motion of a party or its own motion,
may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in
paragraph (a), clauses (1) to (3), is in the affirmative, the
declarant shall give additional information under oath as
required by the court. The court may examine the parties under
oath as to details of the information furnished and other
matters pertinent to the court's jurisdiction and the
disposition of the case.
(d) Each party has a continuing duty to inform the court of
any proceeding in this or any other state that could affect the
current proceeding.
(e) If a party alleges in an affidavit or a pleading under
oath that the health, safety, or liberty of a party or child
would be jeopardized by disclosure of identifying information,
the information must be sealed and may not be disclosed to the
other party or the public unless the court orders the disclosure
to be made after a hearing in which the court takes into
consideration the health, safety, or liberty of the party or
child and determines that the disclosure is in the interest of
justice.
Sec. 10. [518D.210] [APPEARANCE OF PARTIES AND CHILD.]
(a) In a child custody proceeding in this state, the court
may order a party to the proceeding who is in this state to
appear before the court in person with or without the child.
The court may order any person who is in this state and who has
physical custody or control of the child to appear in person
with the child.
(b) If a party to a child custody proceeding whose presence
is desired by the court is outside this state, the court may
order that a notice given pursuant to section 518D.108 include a
statement directing the party to appear in person with or
without the child and informing the party that failure to appear
may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the
safety of the child and of any person ordered to appear under
this section.
(d) If a party to a child custody proceeding who is outside
this state is directed to appear under paragraph (b) or desires
to appear personally before the court with or without the child,
the court may require another party to pay reasonable and
necessary travel and other expenses of the party so appearing
and of the child.
ARTICLE 3
ENFORCEMENT
Section 1. [518D.301] [DEFINITIONS.]
In sections 518D.301 to 518D.317:
(1) "petitioner" means a person who seeks enforcement of an
order for return of a child under the Hague Convention on the
Civil Aspects of International Child Abduction or enforcement of
a child custody determination; and
(2) "respondent" means a person against whom a proceeding
has been commenced for enforcement of an order for return of a
child under the Hague Convention on the Civil Aspects of
International Child Abduction or enforcement of a child custody
determination.
Sec. 2. [518D.302] [ENFORCEMENT UNDER HAGUE CONVENTION.]
Under sections 518D.301 to 518D.317 a court of this state
may enforce an order for the return of the child made under the
Hague Convention on the Civil Aspects of International Child
Abduction as if it were a child custody determination.
Sec. 3. [518D.303] [DUTY TO ENFORCE.]
(a) A court of this state shall recognize and enforce a
child custody determination of a court of another state if the
latter court exercised jurisdiction in substantial conformity
with this chapter or the determination was made under factual
circumstances meeting the jurisdictional standards of this
chapter and the determination has not been modified in
accordance with this chapter.
(b) A court of this state may utilize any remedy available
under other law of this state to enforce a child custody
determination made by a court of another state. The remedies
provided in sections 518D.301 to 518D.317 are cumulative and do
not affect the availability of other remedies to enforce a child
custody determination.
Sec. 4. [518D.304] [TEMPORARY VISITATION.]
(a) A court of this state which does not have jurisdiction
to modify a child custody determination may issue a temporary
order enforcing:
(1) a visitation schedule made by a court of another state;
or
(2) the visitation provisions of a child custody
determination of another state that does not provide for a
specific visitation schedule.
(b) If a court of this state makes an order under paragraph
(a), clause (2), it shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order
from a court having jurisdiction under the criteria specified in
sections 518D.201 to 518D.210. The order remains in effect
until an order is obtained from the other court or the period
expires.
Sec. 5. [518D.305] [REGISTRATION OF CHILD CUSTODY
DETERMINATION.]
(a) A child custody determination issued by a court of
another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending to the district
court in this state:
(1) a letter or other document requesting registration;
(2) two copies, including one certified copy, of the
determination sought to be registered, and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified; and
(3) except as otherwise provided in section 518D.209, the
name and address of the person seeking registration and any
parent or person acting as a parent who has been awarded custody
or visitation in the child custody determination sought to be
registered.
(b) On receipt of the documents required by paragraph (a),
the registering court shall:
(1) cause the determination to be filed as a foreign
judgment, together with one copy of any accompanying documents
and information, regardless of their form; and
(2) serve notice upon the persons named pursuant to
paragraph (a), clause (3), and provide them with an opportunity
to contest the registration in accordance with this section.
(c) The notice required by paragraph (b), clause (2), must
state that:
(1) a registered determination is enforceable as of the
date of the registration in the same manner as a determination
issued by a court of this state;
(2) a hearing to contest the validity of the registered
determination must be requested within 20 days after service of
notice; and
(3) failure to contest the registration will result in
confirmation of the child custody determination and preclude
further contest of that determination with respect to any matter
that could have been asserted.
(d) A person seeking to contest the validity of a
registered order must request a hearing within 20 days after
service of the notice. At that hearing, the court shall confirm
the registered order unless the person contesting registration
establishes that:
(1) the issuing court did not have jurisdiction under
sections 518D.201 to 518D.210;
(2) the child custody determination sought to be registered
has been vacated, stayed, or modified by a court having
jurisdiction to do so under sections 518D.201 to 518D.210; or
(3) the person contesting registration was entitled to
notice, but notice was not given in accordance with the
standards of section 518D.108, in the proceedings before the
court that issued the order for which registration is sought.
(e) If a timely request for a hearing to contest the
validity of the registration is not made, the registration is
confirmed as a matter of law and the person requesting
registration and all persons served must be notified of the
confirmation.
(f) Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes further
contest of the order with respect to any matter that could have
been asserted at the time of registration.
Sec. 6. [518D.306] [ENFORCEMENT OF REGISTERED
DETERMINATION.]
(a) A court of this state may grant any relief normally
available under the law of this state to enforce a registered
child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but
may not modify, except in accordance with sections 518D.201 to
518D.210, a registered child custody determination of a court of
another state.
Sec. 7. [518D.307] [SIMULTANEOUS PROCEEDINGS.]
If a proceeding for enforcement under sections 518D.301 to
518D.317 is commenced in a court of this state and the court
determines that a proceeding to modify the determination is
pending in a court of another state having jurisdiction to
modify the determination under sections 518D.201 to 518D.210,
the enforcing court shall immediately communicate with the
modifying court. The proceeding for enforcement continues
unless the enforcing court, after consultation with the
modifying court, stays or dismisses the proceeding.
Sec. 8. [518D.308] [EXPEDITED ENFORCEMENT OF CHILD CUSTODY
DETERMINATION.]
(a) A petition under sections 518D.301 to 518D.317 must be
verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the
petition. A copy of a certified copy of an order may be
attached instead of the original.
(b) A petition for enforcement of a child custody
determination must state:
(1) whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising
jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is
sought has been vacated, stayed, or modified by a court whose
decision must be enforced under this chapter and, if so,
identify the court, the case number, and the nature of the
proceeding;
(3) whether any proceeding has been commenced that could
affect the current proceeding, including proceedings relating to
domestic violence, protective orders, termination of parental
rights, and adoptions and, if so, identify the court, the case
number, and the nature of the proceeding;
(4) the present physical address of the child and the
respondent, if known;
(5) whether relief in addition to the immediate physical
custody of the child and attorney's fees is sought, including a
request for assistance from law enforcement officials and, if
so, the relief sought; and
(6) if the child custody determination has been registered
and confirmed under section 518D.305, the date and place of
registration.
(c) Upon the filing of a petition, the court shall issue an
order directing the respondent to appear in person with or
without the child at a hearing and may enter any order necessary
to ensure the safety of the parties and the child. The hearing
must be held on the next judicial day after service of the order
unless that date is impossible. In that event, the court shall
hold the hearing on the first judicial day possible. The court
may extend the date of hearing at the request of the petitioner.
(d) An order issued under paragraph (c) must state the time
and place of the hearing and advise the respondent that at the
hearing the court will order that the petitioner may take
immediate physical custody of the child and the payment of fees,
costs, and expenses under section 518D.312, and may schedule a
hearing to determine whether further relief is appropriate,
unless the respondent appears and establishes that:
(1) the child custody determination has not been registered
and confirmed under section 518D.305 and that:
(i) the issuing court did not have jurisdiction under
sections 518D.201 to 518D.210;
(ii) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
having jurisdiction to do so under sections 518D.201 to
518D.210;
(iii) the respondent was entitled to notice, but notice was
not given in accordance with the standards of section 518D.108,
in the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement
is sought was registered and confirmed under section 518D.304,
but has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under sections 518D.201 to 518D.210.
Sec. 9. [518D.309] [SERVICE OF PETITION AND ORDER.]
Except as otherwise provided in section 518D.311, the
petition and order must be served by any method authorized by
law upon the respondent and any person who has physical custody
of the child.
Sec. 10. [518D.310] [HEARING AND ORDER.]
(a) Unless the court issues a temporary emergency order
pursuant to section 518D.204, upon a finding that a petitioner
is entitled to immediate physical custody of the child, the
court shall order that the petitioner may take immediate
physical custody of the child unless the respondent establishes
that:
(1) the child custody determination has not been registered
and confirmed under section 518D.305 and that:
(i) the issuing court did not have jurisdiction under
sections 518D.201 to 518D.210;
(ii) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of a
state having jurisdiction to do so under sections 518D.201 to
518D.210; or
(iii) the respondent was entitled to notice, but notice was
not given in accordance with the standards of section 518D.108,
in the proceedings before the court that issued the order for
which enforcement is sought; or
(2) the child custody determination for which enforcement
is sought was registered and confirmed under section 518D.305
but has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under sections 518D.201 to 518D.210.
(b) The court shall award the fees, costs, and expenses
authorized under section 518D.312 and may grant additional
relief, including a request for the assistance of law
enforcement officials, and set a further hearing to determine
whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the
ground that the testimony may be self-incriminating, the court
may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications
between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child may not be
invoked in a proceeding under sections 518D.301 to 518D.317.
Sec. 11. [518D.311] [WARRANT TO TAKE PHYSICAL CUSTODY OF
CHILD.]
(a) Upon the filing of a petition seeking enforcement of a
child custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical
custody of the child if the child is immediately likely to
suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or
other witness, finds that the child is imminently likely to
suffer serious physical harm or be removed from this state, it
may issue a warrant to take physical custody of the child. The
petition must be heard on the next judicial day after the
warrant is executed unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial
day possible. The application for the warrant must include the
statements required by section 518D.308, paragraph (b).
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of imminent
serious physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical
custody of the child immediately; and
(3) provide for the placement of the child pending final
relief.
(d) The respondent must be served with the petition,
warrant, and order immediately after the child is taken into
physical custody.
(e) A warrant to take physical custody of a child is
enforceable throughout this state. If the court finds on the
basis of the testimony of the petitioner or other witness that a
less intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical
custody of the child. If required by exigent circumstances of
the case, the court may authorize law enforcement officers to
make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a
child to ensure the appearance of the child and the child's
custodian.
Sec. 12. [518D.312] [COSTS, FEES, AND EXPENSES.]
(a) The court shall award the prevailing party, including a
state, necessary and reasonable expenses incurred by or on
behalf of the party, including costs, communication expenses,
attorney's fees, investigative fees, expenses for witnesses,
travel expenses, and child care during the course of the
proceedings, unless the party from whom fees or expenses are
sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses
against a state unless authorized by law other than this chapter.
Sec. 13. [518D.313] [RECOGNITION AND ENFORCEMENT.]
A court of this state shall accord full faith and credit to
an order issued by another state and consistent with this
chapter which enforces a child custody determination by a court
of another state unless the order has been vacated, stayed, or
modified by a court having jurisdiction to do so under sections
518D.201 to 518D.210.
Sec. 14. [518D.314] [APPEALS.]
An appeal may be taken from a final order in a proceeding
under sections 518D.301 to 518D.317 in accordance with Minnesota
Rules of Civil Procedure, Rule 127. Unless the court enters a
temporary emergency order under section 518D.204, the enforcing
court may not stay an order enforcing a child custody
determination pending appeal.
Sec. 15. [518D.315] [ROLE OF PROSECUTOR.]
(a) In a case arising under this chapter or involving the
Hague Convention on the Civil Aspects of International Child
Abduction, the prosecutor or other appropriate public official
may take any lawful action, including resort to a proceeding
under sections 518D.301 to 518D.317 or any other available civil
proceeding to locate a child, obtain the return of a child, or
enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child
custody proceeding;
(3) a reasonable belief that a criminal statute has been
violated; or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on the
Civil Aspects of International Child Abduction.
(b) A prosecutor acting under this section acts on behalf
of the court and may not represent any party.
Sec. 16. [518D.316] [ROLE OF LAW ENFORCEMENT.]
At the request of a prosecutor acting under section
518D.315, a law enforcement officer may take any lawful action
reasonably necessary to locate a child or a party and assist a
prosecutor with responsibilities under section 518D.315.
Sec. 17. [518D.317] [COSTS AND EXPENSES.]
If the respondent is not the prevailing party, the court
may assess against the respondent all direct expenses and costs
incurred by the prosecutor and law enforcement officers under
section 518D.315 or 518D.316.
Sec. 18. [REPEALER.]
Minnesota Statutes 1998, sections 518A.01; 518A.02;
518A.03; 518A.04; 518A.05; 518A.06; 518A.07; 518A.08; 518A.09;
518A.10; 518A.11; 518A.12; 518A.13; 518A.14; 518A.15; 518A.16;
518A.17; 518A.18; 518A.19; 518A.20; 518A.21; 518A.22; 518A.23;
518A.24; and 518A.25, are repealed.
Sec. 19. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the reference to
"sections 518A.01 to 518A.25" in Minnesota Statutes, section
518.155, to "chapter 518D."
Sec. 20. [EFFECTIVE DATE.]
This act is effective January 1, 2000. A motion or other
request for relief made in a child custody proceeding or to
enforce a child custody determination which was commenced before
the effective date of this act is governed by the law in effect
at the time the motion or other request was made.
Presented to the governor April 16, 1999
Signed by the governor April 20, 1999, 9:18 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes