MN Bar Family Law and Domestic Relations 2 — Questions and Answers
Question 1: Under Minnesota law, which court has jurisdiction over dissolution of marriage proceedings?
- Only the county where the parties were married
- The district court in the county where either spouse resides (Correct answer)
- The Minnesota Court of Appeals
- Federal district court
Correct answer: The district court in the county where either spouse resides
Under Minn. Stat. § 518.09, dissolution proceedings are filed in the district court in any county where either party resides.
Question 2: In Minnesota, the Hague Convention on the Civil Aspects of International Child Abduction applies when:
- A parent relocates within Minnesota
- A child is wrongfully removed to or retained in a foreign signatory country (Correct answer)
- Both parents are foreign nationals
- A custody order has been violated within the United States
Correct answer: A child is wrongfully removed to or retained in a foreign signatory country
The Hague Convention applies when a child under 16 is wrongfully removed to or retained in a country that is a party to the Convention, in violation of custody rights.
Question 3: Under the Minnesota Domestic Abuse Act, an order for protection (OFP) can be issued:
- Only after a full evidentiary hearing
- Ex parte upon a showing of immediate danger of domestic abuse (Correct answer)
- Only if criminal charges have been filed
- Only by the county attorney's office
Correct answer: Ex parte upon a showing of immediate danger of domestic abuse
Under Minn. Stat. § 518B.01, an ex parte OFP may be issued without the respondent present upon a showing that there is immediate danger of domestic abuse.
Question 4: Under Minnesota's Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), home state jurisdiction requires the child to have lived in Minnesota for:
- 30 days immediately before the proceeding
- 60 days immediately before the proceeding
- 6 months immediately before the proceeding (Correct answer)
- 1 year immediately before the proceeding
Correct answer: 6 months immediately before the proceeding
Under Minn. Stat. § 518D.102, Minnesota is the child's home state if the child lived there for at least six consecutive months immediately before the custody proceeding.
Question 5: In Minnesota, legal separation differs from dissolution of marriage in that:
- Legal separation terminates the marriage
- Legal separation does not terminate the marital status (Correct answer)
- Legal separation requires proof of fault
- Legal separation is not available in Minnesota
Correct answer: Legal separation does not terminate the marital status
Legal separation under Minn. Stat. § 518.06 allows the court to divide property and set support but does not terminate the marriage, leaving the parties legally married.
Question 6: Under Minnesota law, when can a court modify a final child custody order?
- At any time either parent requests a change
- Only after two years and upon showing of endangerment
- Upon a showing of a significant change in circumstances that makes modification necessary for the child's best interests (Correct answer)
- Only if both parents agree to the modification
Correct answer: Upon a showing of a significant change in circumstances that makes modification necessary for the child's best interests
Under Minn. Stat. § 518.18, a custody modification requires a showing of a significant change in circumstances that makes modification necessary for the child's best interests.
MN Bar Family Law and Domestic Relations 2
Under Minnesota law, which court has jurisdiction over dissolution of marriage proceedings?