Attorney Todd Dwire speaking with staff member in conference room

We See The Big Picture In Family Law

Parental kidnapping and Minnesota child custody laws

On Behalf of | Nov 28, 2014 | Firm News |

For most parents there is perhaps nothing more frightening than the idea of losing custody of your children. Unfortunately, some parents engaged in child custody disputes decide to take matters into their own hands instead of relying on the family court system.

In a previous blog post we discussed how Minnesota courts place a strong emphasis on having both parents actively involved in the care and raising of their children. Usually, divorcing parents can see the logic in fostering a relationship between their child and the other parent. Such parent-child bonds often form the bedrock of a child’s personal development. Due to the importance of these relationships courts will sometimes sustain emergency motions under Minnesota statute 518.131. That law was enacted for granting a court emergency powers under certain conditions during child custody disputes. Situations involving domestic violence are good examples of when those powers might be used.

Unfortunately, some parents do not always agree with the decisions of the court. Some parents simply abscond with the children out-of-state, and sometimes even abroad. Currently, Minnesota has a statute specifically designed to empower courts with the authority to act in situations where quick action is required to preserve the children’s best interests despite a parents wishes.

Sometimes called the international parental kidnapping law, the Uniform Child Custody Jurisdiction Act gives Minnesota courts broad and long-reaching powers in the enforcement of child custody orders. The act works primarily through reciprocity. This means that other states, as well as some other signatory countries, will recognize the jurisdictional authority of Minnesota courts in exchange for similar recognition.

Some law firms handle a wide variety of legal matters. Our Lakeview, Minnesota law office has over 15 years of experience in primarily handling family law issues. We represent clients throughout the greater Twin Cities area and across Minnesota.

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