Custody of children generally rests with either of the natural parents, and only a court of record can take a child from the custody of one or both of its natural parents. When a court orders a child into the custody of one parent and the other parent seizes the child, the violation is generally contempt of civil court; however, charges of depriving another of custodial or parental rights, Minnesota Statute 609.26, may be filed in aggravated cases.
If the officer is fairly certain that the child is in no particular danger as to health and morals, the complaining party should be advised to contact her/his attorney relative to commencing civil contempt action.
In the event of threats of, or actual, physical violence, the officer shall take whatever police action is indicated; s/he may request the necessary decisions and take the necessary steps to assure the protection of the child.
Revised July 1, 2011