Hearing and order
This law covers what happens when someone goes to court to get a child returned to them. A judge will order the child returned to the person asking, unless the other person can prove certain things — like the original custody order was made by a court that didn't have the right to make it, or the order was already canceled or changed, or proper notice was never given. If someone refuses to answer questions in court because they don't want to get in trouble, the judge can take that as a sign they are hiding something. Also, in these cases, spouses cannot use their private conversations as a reason to stay quiet, and parents cannot use their relationship with a child to avoid answering questions.
452.880. and . — 1. Unless the court enters a under section 452.755, upon a finding that a is entitled to the of the child immediately, the court shall order the child delivered to the petitioner unless the establishes that:
(1) The has not been under section 452.810, and that:
(a) The did not have under sections 452.740 to 452.845;
(b) The child custody determination for which is sought has been , or 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 s 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.
2. The court shall the fees, costs and expenses under section 452.890 and may additional , including a request for the assistance of law enforcement officials, and set a further hearing to determine if additional relief is .
3. If a called to testify refuses to on the grounds that the may be , the court may draw an from such refusal.
4. A of communications between spouses and a of based on the relationship of husband and wife, or parent and child shall not be invoked in a proceeding under sections 452.850 to 452.915.
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Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.