Section 452.870

Title XXX DOMESTIC RELATIONS

Chapter 452

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)