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                             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.

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