Review Hearing at Court

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Judge presiding over a family court review hearing

A review hearing is a court date set to check on the progress of a family case rather than to decide a contested motion. Minnesota courts use review hearings in two different settings: while a case is pending, and in the six months after a decree or order. This article explains both. It is part of the site’s guide to court and ADR processes.

Review Hearings in a Pending Case

Some stages of a case do not follow a predictable timeline. A custody evaluation, for example, may take several months. In that situation, a judge may schedule a review hearing instead of a firm motion or trial date.

At the review hearing, the court typically learns:

  • where the parties stand on each issue;
  • what has been resolved through negotiation or ADR; and
  • what steps remain before the case can be concluded.

This approach gives the parties flexibility while keeping the case moving. Review hearings are often brief and may be held remotely. When the parties are represented, the discussion is usually between the lawyers and the judge.

As a general rule, the court will not decide new contested issues at a review hearing. A new request ordinarily requires a properly noticed motion or an agreement of the parties.

The Six-Month Review Hearing

The six-month review hearing is a separate, statutory procedure. It is created by Minn. Stat. § 518.1781 and takes place after a final decision rather than before it.

Who May Request It and When

A request form must be attached to a decree of dissolution or legal separation, or to an order that first establishes custody, parenting time, or support. Any party may request the hearing in writing within six months after the decree or order is entered. The court administrator then gives notice to the other parties and the public authority and schedules the hearing as soon as practicable.

What the Court Reviews

The statute limits the hearing to two questions:

  1. whether child support is current; and
  2. whether both parties are complying with the parenting-time provisions of the order.

The obligor bears the burden of proving that support payments are current. Either party may ask the public authority for payment records, but the request must be made at least 14 days before the hearing.

Available Remedies

If either party is not complying, the court may impose contempt and the statutory remedies for enforcing support and parenting time. Those remedies include the parenting-time provisions of Minn. Stat. § 518.175. Accordingly, the six-month review offers a simple route back to court when an order is not being followed.

Governing lawMinn. Stat. § 518.1781

The six-month review hearing on child support and parenting-time compliance.

Next step

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