MK Family Law

In the unreported opinion of Koivu v. Koivu , the Minnesota Court of Appeals addressed the issue of whether Minnesota should decline jurisdiction over the Koivu children's custody because it was an inconvenient forum as compared to Finland.  The couple lived in Minnesota for the better part of every year for the Husband's job as an NHL hockey player, and spent summers and holidays in Finland, where they also had a house.   Pursuant to the UCCJEA, the court may decline jurisdiction if it determines that it is an inconvenient forum under the circumstances and that a court of another State (or country) is a more appropriate forum.  The parties are allowed to provide information on 8 separate factors to persuade the court.  These factors include: (1) protection against domestic violence that has occurred, (2) the length of time the children resided outside of the state, (3) the distance between the two courts, (4) the relative financial circumstances between the par...

Mr. Jack Stone is back in court, this time in a state court in Florida, seeking the return of his minor children from Japan .   Mr. Stone was previously before the U.S. District Court for the District of Columbia seeking a U.S. passport for his child, without the child's mother's consent, and seeking the return of his child using the Hague Abduction Convention.  The federal court denied Mr. Stone's request .  In the Florida state court, Mr. Stone again requests that his child be returned using the Hague Abduction Convention, and argues that his child custody case should not have been dismissed.   The Florida state court confirmed the same position as the U.S. District Court with regard to the Hague Abduction return petition - it must be filed in Japan, the location where his children now sit.  Pursuant to our U.S. implementing legislation, the International Child Abduction Remedies Act, Mr. Stone must proceed in the location where the child is located ...