Quimbee logo
DMCA.com Protection Status

Baker v. Baker

494 N.W.2d 282 (1992)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Baker v. Baker

Minnesota Supreme Court

494 N.W.2d 282 (1992)

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership