Custody

If the other parent violates the order, you can file a verified motion for contempt. Or, if the other parent is denying or interfering with your custody or visitation rights for no good reason (without “good cause”), you could file a family access motion. The circuit clerk will give you the form and should explain the procedures for filing a family access motion.¹

Within five court days after you file a family access motion, the clerk will issue a summons for the other parent to appear in court. A copy of the motion and summons must be personally given (served) to the respondent by a process server or sheriff. The case must be resolved within 60 days.²

After the judge holds a hearing on the motion for contempt or the motion for a family access order, if the judge decides that the custody or visitation order was not followed, without good cause, the judge can:

1. give the parent who was denied visitation make-up parenting time with the child that is the same amount or more than the amount of time the parent was denied; and
2. order the parent who violated the order to:
   • participate in counseling to educate him/her about the importance of providing the child with a continuing and meaningful relationship with both parents;
   • pay a fine to the other parent of up to $500;
   • pay the cost of counseling to reestablish the parent-child relationship between the parent who was denied visitation and the child;
   • post a bond or security to ensure future compliance with the court order;³ and
   • pay any reasonable expenses that the other parent had because of the denial or interference, including attorney’s fees and costs of a legal proceeding to enforce custody or visitation rights.⁴

¹ MO ST §§ 452.375(10); 452.400(3)
² MO ST § 452.400(4), (9)
³ MO ST § 452.400(6)
⁴ MO ST § 452.400(8)