Effective - 28 Aug 2009
452.870. Expedited enforcement of child custody determination. — 1. A petition under sections 452.850 to 452.915 shall be verified. Certified copies of all orders sought to be enforced and of the order confirming registration, if any, shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
2. A petition for enforcement of a child custody determination shall state:
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision shall be enforced under sections 452.700 to 452.930 or federal law and, if so, identify the court, case number of the proceeding and action taken;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and, if so, identify the court, and the case number and nature of the proceeding;
(4) The present physical address of the child and respondent, if known; and
(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought.
3. If the child custody determination has been registered and confirmed under section 452.810, the petition shall also state the date and place of registration.
4. The court shall issue an order directing the respondent to appear with or without the child at a hearing and may enter any orders necessary to ensure the safety of the parties and the child.
5. The hearing shall be held on the next judicial day following service of process unless such date is impossible. In such event, the court shall hold the hearing on the first day possible. The court may extend the date of hearing at the request of the petitioner.
6. The order shall state the time and place of the hearing, and shall advise the respondent that at the hearing the court will order the delivery of the child and payment of fees, costs and expenses under section 452.890, and may set an additional hearing to determine if further relief is appropriate, unless the respondent appears and establishes that:
(1) The child custody determination is not registered and confirmed under section 452.810, and:
(a) The issuing court did not have jurisdiction under sections 452.740 to 452.845;
(b) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under sections 452.740 to 452.845 or federal law; or
(c) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 452.762 in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child custody determination for which enforcement is sought was registered and confirmed under section 452.810, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under sections 452.740 to 452.845 or federal law.
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(L. 2009 H.B. 481)
Structure Missouri Revised Statutes
Title XXX - Domestic Relations
Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Section 452.025 - Verified pleadings, form and content.
Section 452.075 - Remarriage of former spouse ends alimony.
Section 452.080 - Decree for alimony — a lien, when.
Section 452.110 - Decree as to alimony only subject to review.
Section 452.130 - Spouse abandoned, court to adjudge maintenance — execution to enforce.
Section 452.140 - No property exempt from attachment or execution, when.
Section 452.150 - Services and earnings of unmarried minor children — custody and control of.
Section 452.160 - Father and mother, parent, child, defined — how construed.
Section 452.170 - Petition for enjoyment of spouse's separate estate, when.
Section 452.180 - Circuit court may make decree.
Section 452.190 - Authorization by court to sell property.
Section 452.200 - Married person enjoined from squandering property at suit of spouse.
Section 452.210 - Court may authorize persons holding money of married person to pay spouse.
Section 452.230 - Proceeds used for support of himself or herself and family.
Section 452.240 - Filing of petition, proceedings.
Section 452.250 - Proceedings on such petition — appeal allowed, when and where.
Section 452.300 - Procedure and venue.
Section 452.311 - Petition for dissolution filed when, requirements.
Section 452.317 - Termination of insurance prohibited, when.
Section 452.318 - Counseling for minor children ordered, when, costs.
Section 452.330 - Disposition of property and debts, factors to be considered.
Section 452.342 - Summary of expenses paid on behalf of child, required when.
Section 452.343 - All judgments and orders shall contain the parties' Social Security numbers.
Section 452.346 - Medical assistance documentation provided, when.
Section 452.354 - Modification of child support, attorney fees awarded to state, when.
Section 452.365 - Party failing to comply with decree, effect of.
Section 452.371 - Declining jurisdiction in a modification proceeding, when.
Section 452.372 - Mandatory educational sessions, when — alternative dispute resolution, when.
Section 452.374 - Paternity proceedings stayed for rape charges against putative father.
Section 452.380 - Temporary custody, motion for — dismissal of action, effect of.
Section 452.385 - Child's wishes as to custodian, how determined.
Section 452.404 - Neutral location for exchange of children, when.
Section 452.410 - Custody, decree, modification of, when.
Section 452.411 - Change of residence deemed grounds for modification of custody, when.
Section 452.415 - When sections 452.300 to 452.415 shall apply.
Section 452.420 - Proceedings to be heard by circuit judge — exception.
Section 452.423 - Guardian ad litem appointed, when, duties — disqualification, when — fees.
Section 452.426 - Risk of international abduction, court may impose restrictions and restraints.
Section 452.552 - Surcharge collected, when, use.
Section 452.554 - Domestic relations resolution fund established, use.
Section 452.556 - Handbook, contents, availability.
Section 452.605 - Court shall order parties to action and may order children to attend, when.
Section 452.610 - Cost of educational session, amount.
Section 452.700 - Short title.
Section 452.705 - Definitions.
Section 452.710 - Proceedings governed by other law.
Section 452.715 - Application to Indian tribes.
Section 452.720 - International application of act.
Section 452.725 - Appearance and limited immunity.
Section 452.730 - Communication between courts.
Section 452.735 - Cooperation between courts — preservation of records.
Section 452.740 - Initial child custody jurisdiction.
Section 452.745 - Exclusive, continuing jurisdiction.
Section 452.747 - Verified petition — service of process.
Section 452.750 - Jurisdiction to modify determination.
Section 452.755 - Temporary emergency jurisdiction.
Section 452.760 - Notice — opportunity to be heard — joinder.
Section 452.762 - Notice for exercise of jurisdiction.
Section 452.765 - Simultaneous proceedings.
Section 452.770 - Inconvenient forum.
Section 452.775 - Jurisdiction declined by reason of conduct.
Section 452.780 - Information to be submitted to court.
Section 452.782 - Joinder of a party.
Section 452.785 - Appearance of parties and child.
Section 452.790 - Effect of child custody determination.
Section 452.795 - Full faith and credit.
Section 452.800 - Modification of another court's determination.
Section 452.805 - Filing of certified copy of custody decree.
Section 452.810 - Registration of child custody determination.
Section 452.815 - Forwarding copies of decrees.
Section 452.820 - Testimony of witnesses.
Section 452.825 - Request for another court to hold hearing.
Section 452.830 - Appearance at hearing.
Section 452.835 - Preservation of documents.
Section 452.840 - Transfer of transcripts and documents.
Section 452.845 - Priority of jurisdictional question.
Section 452.850 - Definitions.
Section 452.855 - Temporary visitation.
Section 452.860 - Enforcement of registered determination.
Section 452.865 - Simultaneous proceeding.
Section 452.870 - Expedited enforcement of child custody determination.
Section 452.875 - Service of petition and order.
Section 452.880 - Hearing and order.
Section 452.885 - Warrant to take physical custody of child.
Section 452.890 - Costs, fees, and expenses.
Section 452.895 - Recognition and enforcement.
Section 452.905 - Role of prosecutor or public official.
Section 452.910 - Role of law enforcement.
Section 452.915 - Costs and expenses.
Section 452.920 - Application and construction.