Baker v. Baker

494 N.W.2d 282 (1992)

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Baker v. Baker

Minnesota Supreme Court
494 N.W.2d 282 (1992)

  • Written by Haley Gintis, JD

Facts

In 1991, Barbara Baker (plaintiff) married James Baker (defendant). The Bakers had one child born in May 1991. Shortly after the child’s birth, Barbara and the child moved in with Barbara’s aunt because of James’s violent behavior. On at least two occasions, James attempted to enter Barbara’s new home and take away the baby. On September 5, 1991, Barbara obtained a temporary ex parte order of protection against James and temporary custody of the child although James was granted supervised visits. In response, James requested his own order of protection against Barbara and sought temporary custody of the child. A hearing was held on September 12 for a further custody determination, after which the court reaffirmed its previous custody determination. The court then considered evidence regarding the protective orders. On September 20 the court ordered that Barbara and James were not to have contact with each other and granted Barbara custody of the child for one year. James appealed. The court of appeals reversed the ex parte order of protection on the ground that James did not receive notice. The court of appeals reversed and remanded the temporary custody award on the ground that the trial court made no finding that the child was in harm and had not conducted a best-interests analysis. The matter was appealed to the Supreme Court of Minnesota.

Rule of Law

Issue

Holding and Reasoning (Gardebring, J.)

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