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William Mitchell Law Review

Publication Information

30 William Mitchell Law Review 557 (2003-2004)

Abstract

This article adds to the growing library of analysis and commentary on Minnesota family law. It surveys, reviews, analyzes, and comments on the decisions of Minnesota's appellate courts in the sometimes challenging and always interesting areas of subject matter and personal jurisdiction. The article examines many of the more common issues associated with jurisdiction that impact Minnesota family law in the areas of child support, custody, property division, maintenance, and paternity. It investigates the jurisdictional questions involved when applying Minnesota's long-arm statute and weighs the potential constitutional barriers to its application. It also examines relevant provisions of the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the Indian Child Welfare Act (ICWA), the Uniform Interstate Family Support Act (UIFSA), and the Soldiers' and Sailors' Relief Act. There is a brief review of subject matter issues associated with bringing family lawsuits in federal court. Decisions from other jurisdictions are used and discussed where appropriate. Throughout the article one will find suggestions for improving the language of some of Minnesota's statutes that impact jurisdiction, as well as additional suggestions for reconsidering some of the statutory language applied by Minnesota's courts to jurisdiction disputes.

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