A Father protecting his son. By: Stefanie B.

Link for the opinion: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/

Title: A Father protecting his son

The Minnesota Court of Appeals held in Schmidt ex rel. P.M.S. v. Coons, 795 N.W.2d 625, 631 (Minn. App. 2011) that a father may obtain an OFP on behalf of his child to protect him from domestic abuse and that the Domestic Abuse Act "does not require that the family or household member on whose behalf the OFP petition is initiated must have suffered domestic abuse.

A father was seeking an Order for Protection on behalf of his minor son from his grandfather when the alleged victim of domestic abuse did not seek protection. The father alleged that the child’s grandfather was abusive towards the mother and the child. The father requested temporary custody of the child and that the grandfather could have no contact with the child or father.

Michael Schmidt and his wife, S.S. (mother) filed for a divorce. S.S. left Schmidt, and moved in with her parents to seek help to get back onto her feet. The relationship between mother and her estranged husband is reasonably characterized as hostile. There is evidence of domestic abuse between mother and Schmidt. The child in question moved with mother into his grandparent’s house.

Schmidt filed an Order for Protection on behalf of the minor against the grandfather alleging domestic abuse against mother and child. Schmidt also requested temporary custody. The district court appointed a guardian ad litem to investigate the case. After speaking with the child, who at the time was 3 years old, the child's daycare provider, and the responsible adults, the guardian ad litem concluded that the child has significant relationships with his grandparents and that the child had not been harmed by living with his mother in the home of his grandparents. It is believed that Schmidt is in retaliation and trying to influence the outcome of the custody matter being addressed in the divorce proceedings.

At the hearing everyone testified. The court found under the Minnesota Domestic Abuse Act, Minn. Stat. § 518B.01 (2010), to grant an order for protection in favor of a child, who lived in the house in which his grandfather abused the mother. The father was awarded temporary custody and the grandfather was not to have any contact with the child or father.

Labels for the post: domestic, household member, Abuse Act, household, abusing, abused, physical harm, non victim, guardian, contemplates, custody, abuser, child's mother, guardian ad litem, parenting, assault, minor child, bodily injury, protect victims—, deems necessary, custodial, temporary, noncustodial parent, minor son, existing situation, family member, petitioned, expansive, witnessed, restrain