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 […]
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. History: 1999 c 74 s 2
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 of the child unless the respondent establishes that: (1) the child […]
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 […]
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 […]
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 […]
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 court may not stay an order enforcing a child custody determination pending […]
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 […]
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: 1999 c 74 s 16
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
