Relocation of child by parent for more than ninety days, requiredprocedure--violation, effect--notice of relocation of parent,required procedure.
452.377. 1. For purposes of this section and section 452.375,"relocate" or "relocation" means a change in the principal residence of achild for a period of ninety days or more, but does not include a temporaryabsence from the principal residence.
2. Notice of a proposed relocation of the residence of the child, orany party entitled to custody or visitation of the child, shall be given inwriting by certified mail, return receipt requested, to any party withcustody or visitation rights. Absent exigent circumstances as determinedby a court with jurisdiction, written notice shall be provided at leastsixty days in advance of the proposed relocation. The notice of theproposed relocation shall include the following information:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of a child, if applicable; and
(5) A proposal for a revised schedule of custody or visitation withthe child, if applicable.
3. A party required to give notice of a proposed relocation pursuantto subsection 2 of this section has a continuing duty to provide a changein or addition to the information required by this section as soon as suchinformation becomes known.
4. In exceptional circumstances where the court makes a finding thatthe health or safety of any adult or child would be unreasonably placed atrisk by the disclosure of the required identifying information concerning aproposed relocation of the child, the court may order that:
(1) The specific residence address and telephone number of the child,parent or person, and other identifying information shall not be disclosedin the pleadings, notice, other documents filed in the proceeding or thefinal order except for an in camera disclosure;
(2) The notice requirements provided by this section shall be waivedto the extent necessary to protect the health or safety of a child or anyadult; or
(3) Any other remedial action the court considers necessary tofacilitate the legitimate needs of the parties and the best interest of thechild.
5. The court shall consider a failure to provide notice of a proposedrelocation of a child as:
(1) A factor in determining whether custody and visitation should bemodified;
(2) A basis for ordering the return of the child if the relocationoccurs without notice; and
(3) Sufficient cause to order the party seeking to relocate the childto pay reasonable expenses and attorneys fees incurred by the partyobjecting to the relocation.
6. If the parties agree to a revised schedule of custody andvisitation for the child, which includes a parenting plan, they may submitthe terms of such agreement to the court with a written affidavit signed byall parties with custody or visitation assenting to the terms of theagreement, and the court may order the revised parenting plan andapplicable visitation schedule without a hearing.
7. The residence of the child may be relocated sixty days afterproviding notice, as required by this section, unless a parent files amotion seeking an order to prevent the relocation within thirty days afterreceipt of such notice. Such motion shall be accompanied by an affidavitsetting forth the specific factual basis supporting a prohibition of therelocation. The person seeking relocation shall file a response to themotion within fourteen days, unless extended by the court for good cause,and include a counter-affidavit setting forth the facts in support of therelocation as well as a proposed revised parenting plan for the child.
8. If relocation of the child is proposed, a third party entitled bycourt order to legal custody of or visitation with a child and who is not aparent may file a cause of action to obtain a revised schedule of legalcustody or visitation, but shall not prevent a relocation.
9. The party seeking to relocate shall have the burden of provingthat the proposed relocation is made in good faith and is in the bestinterest of the child.
10. If relocation is permitted:
(1) The court shall order contact with the nonrelocating partyincluding custody or visitation and telephone access sufficient to assurethat the child has frequent, continuing and meaningful contact with thenonrelocating party unless the child's best interest warrants* otherwise;and
(2) The court shall specify how the transportation costs will beallocated between the parties and adjust the child support, as appropriate,considering the costs of transportation.
11. After August 28, 1998, every court order establishing ormodifying custody or visitation shall include the following language:"Absent exigent circumstances as determined by a court with jurisdiction,you, as a party to this action, are ordered to notify, in writing bycertified mail, return receipt requested, and at least sixty days prior tothe proposed relocation, each party to this action of any proposedrelocation of the principal residence of the child, including the followinginformation:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of the child; and
(5) A proposal for a revised schedule of custody or visitation withthe child.
Your obligation to provide this information to each party continues as longas you or any other party by virtue of this order is entitled to custody ofa child covered by this order. Your failure to obey the order of thiscourt regarding the proposed relocation may result in further litigation toenforce such order, including contempt of court. In addition, your failureto notify a party of a relocation of the child may be considered in aproceeding to modify custody or visitation with the child. Reasonablecosts and attorney fees may be assessed against you if you fail to give therequired notice.".
12. Violation of the provisions of this section or a court orderunder this section may be deemed a change of circumstance under section452.410, allowing the court to modify the prior custody decree. Inaddition, the court may utilize any and all powers relating to contemptconferred on it by law or rule of the Missouri supreme court.
13. Any party who objects in good faith to the relocation of achild's principal** residence shall not be ordered to pay the costs andattorney's fees of the party seeking to relocate.
Relocation of child by parent for more than ninety days, requiredprocedure--violation, effect--notice of relocation of parent,required procedure.
452.377. 1. For purposes of this section and section 452.375,"relocate" or "relocation" means a change in the principal residence of achild for a period of ninety days or more, but does not include a temporaryabsence from the principal residence.
2. Notice of a proposed relocation of the residence of the child, orany party entitled to custody or visitation of the child, shall be given inwriting by certified mail, return receipt requested, to any party withcustody or visitation rights. Absent exigent circumstances as determinedby a court with jurisdiction, written notice shall be provided at leastsixty days in advance of the proposed relocation. The notice of theproposed relocation shall include the following information:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of a child, if applicable; and
(5) A proposal for a revised schedule of custody or visitation withthe child, if applicable.
3. A party required to give notice of a proposed relocation pursuantto subsection 2 of this section has a continuing duty to provide a changein or addition to the information required by this section as soon as suchinformation becomes known.
4. In exceptional circumstances where the court makes a finding thatthe health or safety of any adult or child would be unreasonably placed atrisk by the disclosure of the required identifying information concerning aproposed relocation of the child, the court may order that:
(1) The specific residence address and telephone number of the child,parent or person, and other identifying information shall not be disclosedin the pleadings, notice, other documents filed in the proceeding or thefinal order except for an in camera disclosure;
(2) The notice requirements provided by this section shall be waivedto the extent necessary to protect the health or safety of a child or anyadult; or
(3) Any other remedial action the court considers necessary tofacilitate the legitimate needs of the parties and the best interest of thechild.
5. The court shall consider a failure to provide notice of a proposedrelocation of a child as:
(1) A factor in determining whether custody and visitation should bemodified;
(2) A basis for ordering the return of the child if the relocationoccurs without notice; and
(3) Sufficient cause to order the party seeking to relocate the childto pay reasonable expenses and attorneys fees incurred by the partyobjecting to the relocation.
6. If the parties agree to a revised schedule of custody andvisitation for the child, which includes a parenting plan, they may submitthe terms of such agreement to the court with a written affidavit signed byall parties with custody or visitation assenting to the terms of theagreement, and the court may order the revised parenting plan andapplicable visitation schedule without a hearing.
7. The residence of the child may be relocated sixty days afterproviding notice, as required by this section, unless a parent files amotion seeking an order to prevent the relocation within thirty days afterreceipt of such notice. Such motion shall be accompanied by an affidavitsetting forth the specific factual basis supporting a prohibition of therelocation. The person seeking relocation shall file a response to themotion within fourteen days, unless extended by the court for good cause,and include a counter-affidavit setting forth the facts in support of therelocation as well as a proposed revised parenting plan for the child.
8. If relocation of the child is proposed, a third party entitled bycourt order to legal custody of or visitation with a child and who is not aparent may file a cause of action to obtain a revised schedule of legalcustody or visitation, but shall not prevent a relocation.
9. The party seeking to relocate shall have the burden of provingthat the proposed relocation is made in good faith and is in the bestinterest of the child.
10. If relocation is permitted:
(1) The court shall order contact with the nonrelocating partyincluding custody or visitation and telephone access sufficient to assurethat the child has frequent, continuing and meaningful contact with thenonrelocating party unless the child's best interest warrants* otherwise;and
(2) The court shall specify how the transportation costs will beallocated between the parties and adjust the child support, as appropriate,considering the costs of transportation.
11. After August 28, 1998, every court order establishing ormodifying custody or visitation shall include the following language:"Absent exigent circumstances as determined by a court with jurisdiction,you, as a party to this action, are ordered to notify, in writing bycertified mail, return receipt requested, and at least sixty days prior tothe proposed relocation, each party to this action of any proposedrelocation of the principal residence of the child, including the followinginformation:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of the child; and
(5) A proposal for a revised schedule of custody or visitation withthe child.
Your obligation to provide this information to each party continues as longas you or any other party by virtue of this order is entitled to custody ofa child covered by this order. Your failure to obey the order of thiscourt regarding the proposed relocation may result in further litigation toenforce such order, including contempt of court. In addition, your failureto notify a party of a relocation of the child may be considered in aproceeding to modify custody or visitation with the child. Reasonablecosts and attorney fees may be assessed against you if you fail to give therequired notice.".
12. Violation of the provisions of this section or a court orderunder this section may be deemed a change of circumstance under section452.410, allowing the court to modify the prior custody decree. Inaddition, the court may utilize any and all powers relating to contemptconferred on it by law or rule of the Missouri supreme court.
13. Any party who objects in good faith to the relocation of achild's principal** residence shall not be ordered to pay the costs andattorney's fees of the party seeking to relocate.
Relocation of child by parent for more than ninety days, requiredprocedure--violation, effect--notice of relocation of parent,required procedure.
452.377. 1. For purposes of this section and section 452.375,"relocate" or "relocation" means a change in the principal residence of achild for a period of ninety days or more, but does not include a temporaryabsence from the principal residence.
2. Notice of a proposed relocation of the residence of the child, orany party entitled to custody or visitation of the child, shall be given inwriting by certified mail, return receipt requested, to any party withcustody or visitation rights. Absent exigent circumstances as determinedby a court with jurisdiction, written notice shall be provided at leastsixty days in advance of the proposed relocation. The notice of theproposed relocation shall include the following information:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of a child, if applicable; and
(5) A proposal for a revised schedule of custody or visitation withthe child, if applicable.
3. A party required to give notice of a proposed relocation pursuantto subsection 2 of this section has a continuing duty to provide a changein or addition to the information required by this section as soon as suchinformation becomes known.
4. In exceptional circumstances where the court makes a finding thatthe health or safety of any adult or child would be unreasonably placed atrisk by the disclosure of the required identifying information concerning aproposed relocation of the child, the court may order that:
(1) The specific residence address and telephone number of the child,parent or person, and other identifying information shall not be disclosedin the pleadings, notice, other documents filed in the proceeding or thefinal order except for an in camera disclosure;
(2) The notice requirements provided by this section shall be waivedto the extent necessary to protect the health or safety of a child or anyadult; or
(3) Any other remedial action the court considers necessary tofacilitate the legitimate needs of the parties and the best interest of thechild.
5. The court shall consider a failure to provide notice of a proposedrelocation of a child as:
(1) A factor in determining whether custody and visitation should bemodified;
(2) A basis for ordering the return of the child if the relocationoccurs without notice; and
(3) Sufficient cause to order the party seeking to relocate the childto pay reasonable expenses and attorneys fees incurred by the partyobjecting to the relocation.
6. If the parties agree to a revised schedule of custody andvisitation for the child, which includes a parenting plan, they may submitthe terms of such agreement to the court with a written affidavit signed byall parties with custody or visitation assenting to the terms of theagreement, and the court may order the revised parenting plan andapplicable visitation schedule without a hearing.
7. The residence of the child may be relocated sixty days afterproviding notice, as required by this section, unless a parent files amotion seeking an order to prevent the relocation within thirty days afterreceipt of such notice. Such motion shall be accompanied by an affidavitsetting forth the specific factual basis supporting a prohibition of therelocation. The person seeking relocation shall file a response to themotion within fourteen days, unless extended by the court for good cause,and include a counter-affidavit setting forth the facts in support of therelocation as well as a proposed revised parenting plan for the child.
8. If relocation of the child is proposed, a third party entitled bycourt order to legal custody of or visitation with a child and who is not aparent may file a cause of action to obtain a revised schedule of legalcustody or visitation, but shall not prevent a relocation.
9. The party seeking to relocate shall have the burden of provingthat the proposed relocation is made in good faith and is in the bestinterest of the child.
10. If relocation is permitted:
(1) The court shall order contact with the nonrelocating partyincluding custody or visitation and telephone access sufficient to assurethat the child has frequent, continuing and meaningful contact with thenonrelocating party unless the child's best interest warrants* otherwise;and
(2) The court shall specify how the transportation costs will beallocated between the parties and adjust the child support, as appropriate,considering the costs of transportation.
11. After August 28, 1998, every court order establishing ormodifying custody or visitation shall include the following language:"Absent exigent circumstances as determined by a court with jurisdiction,you, as a party to this action, are ordered to notify, in writing bycertified mail, return receipt requested, and at least sixty days prior tothe proposed relocation, each party to this action of any proposedrelocation of the principal residence of the child, including the followinginformation:
(1) The intended new residence, including the specific address andmailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposedrelocation of the child; and
(5) A proposal for a revised schedule of custody or visitation withthe child.
Your obligation to provide this information to each party continues as longas you or any other party by virtue of this order is entitled to custody ofa child covered by this order. Your failure to obey the order of thiscourt regarding the proposed relocation may result in further litigation toenforce such order, including contempt of court. In addition, your failureto notify a party of a relocation of the child may be considered in aproceeding to modify custody or visitation with the child. Reasonablecosts and attorney fees may be assessed against you if you fail to give therequired notice.".
12. Violation of the provisions of this section or a court orderunder this section may be deemed a change of circumstance under section452.410, allowing the court to modify the prior custody decree. Inaddition, the court may utilize any and all powers relating to contemptconferred on it by law or rule of the Missouri supreme court.
13. Any party who objects in good faith to the relocation of achild's principal** residence shall not be ordered to pay the costs andattorney's fees of the party seeking to relocate.
