Family Law and Domestic Relations Flashcards

Under Minnesota law, which court has jurisdiction over dissolution of marriage proceedings?

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.

In Minnesota, the Hague Convention on the Civil Aspects of International Child Abduction applies when:

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.

Under the Minnesota Domestic Abuse Act, an order for protection (OFP) can be issued:

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.

Under Minnesota's Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), home state jurisdiction requires the child to have lived in Minnesota for:

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.

In Minnesota, legal separation differs from dissolution of marriage in that:

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.

Under Minnesota law, when can a court modify a final child custody order?

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.