Minn. Stat. § 518A.01

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (21)

Minnesota Supreme Court

Larson v. Dunn · 1990 4 citations

II. The Rigenhagens lived in Minnesota in 1980 when the alleged tort occurred, but have been living in California since 1982. We believe the trial court and the appellate court correctly denied their motion to dismiss for lack of jurisdiction. *43 Personal jurisdiction is properly exercised if the nonresident's contacts satisfy our long-arm statute and constitutional concerns. Sherburne County Social Servs. v. Kennedy, 426 N.W.2d 866, 867 (Minn.1988). Larson bears the burden of proving sufficient forum contacts exist when jurisdiction is challenged. Hardrives, Inc. v. City of LaCrosse, 307 Minn. 290, 293, 240 N.W.2d 814, 816 (1976). Under Minnesota's long-arm statute, Minn. Stat. § 543.19, subd. 1 (1988), personal jurisdiction may be exercised over a nonresident who: (a) Owns, uses, or possesses any real or personal property situated in this state, or * * * * * * (c) Commits any act in Minnesota causing injury or property damage, or (d) Commits any act outside Minnesota causing injury or property damage in Minnesota, subject to the following exceptions when no jurisdiction shall be found: (1) Minnesota has no substantial interest in providing a forum; or (2) the burden placed on the defendant by being brought under the state's jurisdiction would violate fairness and substantial justice; or (3) the cause of action lies in defamation or privacy. Larson alleges that while still in Minnesota, the Rigenhagens aided in the abduction and concealment of Jessica. The Rigenhagens allege that their daughter asserts she acted alone. Larson's allegations, however, must be viewed as true for purposes of determining whether he has made a prima facie showing of personal jurisdiction. Hunt v. Nevada State Bank, 285 Minn. 77, 82, 172 N.W.2d 292, 296-97 (1969), cert. denied, 397 U.S. 1010, 90 S.Ct. 1239, 25 L.Ed.2d 423 (1970). Thus, personal jurisdiction may be properly asserted over the Rigenhagens since the alleged cause of action arose in Minnesota. The Rigenhagens contend this basis for long-arm jurisdiction is improper because the statute of limitations has run on any acts committed while they were Minnesota residents. The Larson panel found this argument meritless, noting "[a]lthough some interplay exists between these two legal doctrines * * *, whether a claim is time barred is an issue separate from the issue of personal jurisdiction." 449 N.W.2d at 759. We agree. Further, because "fraudulent concealment of th[e] cause of action will prevent the running of the statute of limitations," Kopperud v. Agers, 312 N.W.2d 443, 446 (Minn.1981); see also Minn. Stat. § 541.05, subd. 1(6) (1988) (fraud action does not accrue until discovered), the statute of limitations had not run when suit was filed January 4, 1989. See Minn. Stat. § 541.07(1) (1988) (two year limitation period). Personal jurisdiction also is proper since the Rigenhagens' allegedly tortious conduct continued after they moved to California. See Minn. Stat. § 543.19, subd. 1(d) (out-state act causing in-state injury). The United States Supreme Court held that personal jurisdiction properly could be exercised over nonresident media when the effects of their intentional conduct were felt in the forum state. Calder v. Jones, 465 U.S. 783, 787 n. 6 & 790, 104 S.Ct. 1482, 1485 n. 6 & 1487, 79 L.Ed.2d 804 (1984) (construing California's long-arm statute). The Rigenhagens' alleged acts were at least indirectly aimed at depriving Larson of his custody rights and the effects of these acts clearly harmed Larson in Minnesota. Due process requires the nonresident defendant "have certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945) (citation omitted). In analyzing these constitutional parameters, we examine five factors: (1) the quantity of contacts with the state, (2) the nature and quality of those contacts, (3) the connection or relationship between the contacts and the cause of action, (4) the state's interest in providing a forum, and *44 (5) the relative convenience of the parties. Factors (4) and (5) are considered secondary. Kennedy, 426 N.W.2d at 868 (citation omitted). Under this analysis, the nonresident's contacts must be "such that he should reasonably anticipate being haled into court there." Kennedy, 426 N.W.2d at 870 (citation omitted); see also Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239, 2 L.Ed.2d 1283 (1958) (purposeful availment); West Am. Ins. Co. v. Westin, Inc., 337 N.W.2d 676, 679 (Minn.1983). In a similar context, personal jurisdiction was challenged in an action by a father against his nonresident former in-laws for allegedly conspiring to intentionally deprive him of custody. Stangel v. Rucker, 398 N.W.2d 602, 604 (Minn.App.1986), pet. for rev. denied (Minn., March 13 & 25, 1987; June 29, 1988). The panel there held the following forum contacts by the nonresidents were insufficient: paying legal fees to a Minnesota firm in connection with the dissolution proceeding; providing care for the minor child after they knew he had been abducted; and lying about the child's whereabouts in a phone conversation initiated by the father. Id. at 605-06. The forum contacts here, however, present a stronger case for finding personal jurisdiction. The Rigenhagens allegedly denied Larson access to Jessica in 1980 and aided in Jessica's abduction and concealment during the two years they remained Minnesota residents. Franklin Rigenhagen maintained a post office box in Minnesota after moving to California, by which he offered to act as a "go between" for Larson and his daughter. These direct contacts actually gave rise to the cause of action and are such that the Rigenhagens reasonably could have expected to be haled into court here. Further, the Rigenhagens owned real property in Minnesota until March 1985, when they conveyed it into a trust and they apparently remain trustees of this property. They also owned and operated a car dealership in Minnesota until 1984. Although these property contacts are unrelated, they indicate the Rigenhagen's purposeful availment of Minnesota privileges. Minnesota has an interest in providing a forum for this dispute. The subject custody order was issued by a Minnesota court, over which Minnesota retains continuing jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). Minn. Stat. § 518A.03, subd. 1(a)(2) (1988). Minnesota also is interested in protecting the custodial rights of its citizens. See Minn. Stat. §§ 518A.01, subd. 1(b) & 518A.02(e) (1988) (UCCJA provisions designed to deter abductions and preventing forum shopping). The parties are residents of Minnesota, California and Washington, and these states likely will be the site of witnesses and evidence. While Minnesota may not be the only appropriate forum, we hold the Rigenhagens had sufficient minimum contacts with this state such that our exercise of personal jurisdiction over them does not offend constitutional due process nor statutory requirements.

Public Policy: In analyzing the important public policies raised by this case, we should consider, inter alia, the following factors: a.) respect for unappealed court orders regarding custody; b.) a recognized need for compensation; c.) historical developments in related tort law; d.) the moral aspects of the defendant's conduct; and e.) the prevention and punishment aspects of liability. See W. Prosser & W. Keeton, Prosser & Keeton on the Law of Torts § 4, at 20-26 (5th ed.1984). Larson was deprived of his parental rights for seven years in clear violation of the custody decree. Similarly, Jessica was denied the right to a relationship *48 with her father during a critical stage in her development. Although this precious lost time can never be regained, some form of redress undoubtedly is in order. Tort law long has protected "relational" interests, such as between family members, from interference. Prosser & Keeton, supra, § 124, at 915; see, e.g., In re Parks, 267 Minn. 468, 127 N.W.2d 548 (1964); Miller v. Monsen, 228 Minn. 400, 37 N.W.2d 543 (1949) (holding child could bring action for enticement of parent). In 1978, however, our legislature abolished alienation of affection and other "heart balm" actions because they "have been subject to grave abuses." Act of March 23, 1978, ch. 515, §§ 1, 2, 1978 Minn.Laws 141, 141, codified at Minn. Stat. §§ 553.01; 553.02 (1988); see Bock v. Lindquist, 278 N.W.2d 326, 327 (Minn.1979) (refusing to recognize a cause of action by a parent against relatives for alienation of a child's affections). These limitations are distinguishable because, with the custody tort, "the interference with family relations is accomplished by means of some independent tort, such as fraud * * *." Prosser & Keeton, supra, § 124, at 930; see Restatement (Second) of Torts § 699 (1977) ("Restatement") (parent has no action for mere alienation of child's affections). Indeed, Larson also pleaded fraud as a cause of action and, in support of the interference action, claims the Rigenhagens and Olson gave fraudulent information to authorities and in court documents. This litigation has precipitated bitter accusations and contradictory affidavits. Unfortunately, such personal disputes are common today and the parent-child relationship is increasingly threatened by family members. Cf. Anderson v. Stream, 295 N.W.2d 595, 601 (Minn.1980) (abolishing parent-child immunity). Child abduction has become a recurring scenario on the family law landscape, and such situations, where the parties' actions are motivated by runaway emotions, have evolved into a disturbing social trend. Indeed, about 100,000 to 750,000 parental child kidnappings occur each year, and the abducting parent often is aided by relatives and friends. Larson, 449 N.W.2d at 754 (citing authority). The Rigenhagens argue tort liability will have little deterrent effect where, as here, the alleged interferers believe their actions were "morally right." Loree Dunn, however, neither appealed the custody order nor petitioned for a change of custody, as is required once custody has been established, Morey v. Peppin, 375 N.W.2d 19, 25 (Minn.1985), but instead fled the state with Jessica. The custody decree vests the custodial parent with certain rights, including the right to determine the child's upbringing, education, health care, and religious training. Minn. Stat. §§ 518.003, subd. 3(a); 518.176, subd. 1 (1988). These rights should be legally protected against intentional interference. See Minn. Const. art. 1, § 8 (everyone entitled to remedy for wrongs to "person, property or character"). No party is above the law and resort to such self-help measures is not justified. As the majority notes, the legal system may not be the best arena to settle personal, family disputes. Yet, the familial relationships were already wounded by the divorce and kidnapping before this action was brought. Depriving the victimized parent of a forum for redress, then, will not necessarily promote the family's healing. Further, a parent's right to custody has been likened to a constitutional inalienable right. State v. Whaley, 246 Minn. 535, 547-48, 75 N.W.2d 786, 794 (1956). Not only is the conduct alleged in violation of this right particularly egregious, but it was done in arrogant defiance of the sanctity of court orders. The majority does not indicate how best interests of the child are served by condoning this type of activity. State legislatures have responded to this crisis by enacting the UCCJ, designed to prevent kidnapping aimed at forum shopping in hopes of gaining custody of the child. See Minn. Stat. § 518A.01 (1988). Redress also has been initiated at the federal level. See Parental Kidnapping Prevention Act of 1980, Pub.L. No. 96-611, 94 Stat. 3566 (codified in scattered sections of 18, 28 & 42 U.S.C.); 18 U.S.C.A. § 1073 (West 1976 & Supp.1989) (criminal penalty for parental kidnapping). Under Minnesota's current criminal code, to which Dunn *49 apparently pleaded guilty, it is a felony to intentionally deprive another of custodial or parental rights. Minn. Stat. § 609.26 (1988 & Supp.1989). The statute, however, only provides for a discretionary award of costs incurred in recovering the child and does not allow compensation for other damages resulting from the kidnapping. Id. at subd. 4. This court, however, is in a position to fill the gaps left by the laws in this area. See Prosser & Keeton, supra, § 3, at 19. The judiciary has broad discretion to protect custodial and visitation rights. See Minn. Stat. § 518.175, subd. 3 (custodial parent may not move child out-state if intent is to interfere with visitation rights) & subd. 4 (contempt of court for unwarranted denial of or interference with visitation rights) (1988); id. at § 518.176 (judicial supervision of custody and visitation terms); see, e.g., Tischendorf v. Tischendorf, 321 N.W.2d 405, 412 (Minn.1982) (approving requirement that noncustodial parent post bond and provide transportation for adult companion to secure return of child to custodial parent after foreign visits), cert. denied, 460 U.S. 1037, 103 S.Ct. 1426, 75 L.Ed.2d 787 (1983). By limiting the frequency and circumstances under which custodial modification may be made, the legislature acknowledges the importance of maintaining a consistent and stable custody situation. See Minn. Stat. § 518.18 (1988). The fact that alienation of affection actions are not viable does not "diminish[] other remedies for interference with familial relationships * * *." Bock, 278 N.W.2d at 328. Indeed, liability for custodial interference appears to be the national trend. Larson, 449 N.W.2d at 755 n. 3 & 4.[1] The unifying thread running through these cases is the tacit recognition that a parent has an enforceable interest in the care and custody of a minor child.

Citing Cases (21)

Minnesota Supreme Court

Minnesota Court of Appeals