(a) Custody proceedings shall receive priority in being set for hearing.

Terms Used In Minnesota Statutes 518.168

  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • Custody proceeding: includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity. See Minnesota Statutes 518.003
  • Mediation: means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding. See Minnesota Statutes 518.003
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b) The court may tax as costs the payment of necessary travel and other expenses incurred by a person whose presence at the hearing the court deems necessary to determine the best interests of the child.

(c) The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child’s best interests, the court may exclude the public from a custody hearing, but may admit any person who has a direct interest in the particular case.

(d) If the court finds it necessary for the protection of the child’s welfare that the record of an interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.

(e) At the first hearing or at an initial appearance before the court under this chapter, the court shall provide an information sheet to the parties explaining:

(1) in cases where alternative dispute resolution is required under General Rules of Practice, rule 310.01, that the parties have the choice of using alternative dispute resolution methods including mediation, arbitration, and other processes to resolve the divorce or custody matter;

(2) how mediation and other available forms of alternative dispute resolution for family law cases work;

(3) that the parties may choose which method of alternative dispute resolution to use; and

(4) that the court administrator is able to provide additional information about resources for alternative dispute resolution.

Each party who is present at the first hearing or at an initial appearance must receive a copy of the information sheet from the court.

(f) The state court administrator shall prepare an alternative dispute resolution information sheet that the court must use to satisfy the requirements of paragraph (e).