Title Minnesota Statutes, Minnesota Statutes

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 …

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…

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. History: 1999 c 74 s 7

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 m…

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 …

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 i…

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 …

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 e…

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 p…

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: …

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 unde…

518D.204 TEMPORARY EMERGENCY JURISDICTION. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and: (1) the child has been abandoned; (2) it is necessary in an emergency to protect the child because the child, or a sibling or paren…

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…

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 c…

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 o…

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 c…

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…

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 wh…

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…

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 determinatio…

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 circumstanc…

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…

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 othe…

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 enfo…

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…

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 certifie…

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. History: 1999 c 74 s 9

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…

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 immediate…

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, tr…

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, …

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 Appellate Procedure, rule 127. Unless the court enters a temporary emergency order under section 518D.204, the enforcing cou…

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 se…

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. History: 19…

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. History: 1999 c 74 s 17