State v. McCormick

OTIS, Justice.

This is an appeal by the state from an order of the Washington County District Court granting defendant’s motion to dismiss a complaint charging him with unlawfully detaining his own children in violation of Minn.St. 609.26. We affirm.

In 1976 defendant’s wife obtained a California divorce and was granted custody of the couple’s two children. Defendant was granted specific visitation rights. The mother and children then moved to Minnesota. Defendant remained in California.

After defendant had exercised his visitation rights in October 1976 the mother filed a civil neglect petition…