452.400. Visitation rights, awarded when--history of domestic violence, consideration of--prohibited, when--modification of, when--supervised visitation defined--noncompliance with order, effect of--f
Visitation rights, awarded when--history of domestic violence,consideration of--prohibited, when--modification of,when--supervised visitation defined--noncompliance with order,effect of--family access motions, procedure, penalty forviolation--attorney fees and costs assessed, when.
452.400. 1. (1) A parent not granted custody of the child isentitled to reasonable visitation rights unless the court finds, after ahearing, that visitation would endanger the child's physical health orimpair his or her emotional development. The court shall enter an orderspecifically detailing the visitation rights of the parent without physicalcustody rights to the child and any other children for whom such parent hascustodial or visitation rights. In determining the granting of visitationrights, the court shall consider evidence of domestic violence. If thecourt finds that domestic violence has occurred, the court may find thatgranting visitation to the abusive party is in the best interests of thechild.
(2) (a) The court shall not grant visitation to the parent notgranted custody if such parent or any person residing with such parent hasbeen found guilty of or pled guilty to any of the following offenses when achild was the victim:
a. A felony violation of section 566.030, 566.032, 566.040, 566.060,566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;
b. A violation of section 568.020, RSMo;
c. A violation of subdivision (2) of subsection 1 of section 568.060,RSMo;
d. A violation of section 568.065, RSMo;
e. A violation of section 568.080, RSMo;
f. A violation of section 568.090, RSMo; or
g. A violation of section 568.175, RSMo.
(b) For all other violations of offenses in chapters 566 and 568,RSMo, not specifically listed in paragraph (a) of this subdivision or for aviolation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the court may exercise its discretion in granting visitationto a parent not granted custody if such parent or any person residing withsuch parent has been found guilty of, or pled guilty to, any such offense.
(3) The court shall consider the parent's history of inflicting, ortendency to inflict, physical harm, bodily injury, assault, or the fear ofphysical harm, bodily injury, or assault on other persons and shall grantvisitation in a manner that best protects the child and the parent or otherfamily or household member who is the victim of domestic violence, and anyother children for whom the parent has custodial or visitation rights fromany further harm.
(4) The court, if requested by a party, shall make specific findingsof fact to show that the visitation arrangements made by the court bestprotect the child or the parent or other family or household member who isthe victim of domestic violence, or any other child for whom the parent hascustodial or visitation rights from any further harm.
2. (1) The court may modify an order granting or denying visitationrights whenever modification would serve the best interests of the child,but the court shall not restrict a parent's visitation rights unless itfinds that the visitation would endanger the child's physical health orimpair his or her emotional development.
(2) (a) In any proceeding modifying visitation rights, the courtshall not grant unsupervised visitation to a parent if the parent or anyperson residing with such parent has been found guilty of or pled guilty toany of the following offenses when a child was the victim:
a. A felony violation of section 566.030, 566.032, 566.040, 566.060,566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;
b. A violation of section 568.020, RSMo;
c. A violation of subdivision (2) of subsection 1 of section 568.060,RSMo;
d. A violation of section 568.065, RSMo;
e. A violation of section 568.080, RSMo;
f. A violation of section 568.090, RSMo; or
g. A violation of section 568.175, RSMo.
(b) For all other violations of offenses in chapters 566 and 568,RSMo, not specifically listed in paragraph (a) of this subdivision or for aviolation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the division may exercise its discretion regarding theplacement of a child taken into the custody of the state in which a parentor any person residing in the home has been found guilty of, or pled guiltyto, any such offense.
(3) When a court restricts a parent's visitation rights or when acourt orders supervised visitation because of allegations of abuse ordomestic violence, a showing of proof of treatment and rehabilitation shallbe made to the court before unsupervised visitation may be ordered."Supervised visitation", as used in this section, is visitation which takesplace in the presence of a responsible adult appointed by the court for theprotection of the child.
3. The court shall mandate compliance with its order by all partiesto the action, including parents, children and third parties. In the eventof noncompliance, the aggrieved person may file a verified motion forcontempt. If custody, visitation or third-party custody is denied orinterfered with by a parent or third party without good cause, theaggrieved person may file a family access motion with the court stating thespecific facts which constitute a violation of the judgment of dissolutionor legal separation. The state courts administrator shall develop a simpleform for pro se motions to the aggrieved person, which shall be provided tothe person by the circuit clerk. Clerks, under the supervision of acircuit clerk, shall explain to aggrieved parties the procedures for filingthe form. Notice of the fact that clerks will provide such assistanceshall be conspicuously posted in the clerk's offices. The location of theoffice where the family access motion may be filed shall be conspicuouslyposted in the court building. The performance of duties described in thissection shall not constitute the practice of law as defined in section484.010, RSMo. Such form for pro se motions shall not require theassistance of legal counsel to prepare and file. The cost of filing themotion shall be the standard court costs otherwise due for instituting acivil action in the circuit court.
4. Within five court days after the filing of the family accessmotion pursuant to subsection 3 of this section, the clerk of the courtshall issue a summons pursuant to applicable state law, and applicablelocal or supreme court rules. A copy of the motion shall be personallyserved upon the respondent by personal process server as provided by law orby any sheriff. Such service shall be served at the earliest time andshall take priority over service in other civil actions, except those of anemergency nature or those filed pursuant to chapter 455, RSMo. The motionshall contain the following statement in boldface type:
"PURSUANT TO SECTION 452.400, RSMO, YOU ARE REQUIRED TO RESPOND TO THECIRCUIT CLERK WITHIN TEN DAYS OF THE DATE OF SERVICE. FAILURE TO RESPONDTO THE CIRCUIT CLERK MAY RESULT IN THE FOLLOWING:
(1) AN ORDER FOR A COMPENSATORY PERIOD OF CUSTODY, VISITATION ORTHIRD-PARTY CUSTODY AT A TIME CONVENIENT FOR THE AGGRIEVED PARTY NOT LESSTHAN THE PERIOD OF TIME DENIED;
(2) PARTICIPATION BY THE VIOLATOR IN COUNSELING TO EDUCATE THEVIOLATOR ABOUT THE IMPORTANCE OF PROVIDING THE CHILD WITH A CONTINUING ANDMEANINGFUL RELATIONSHIP WITH BOTH PARENTS;
(3) ASSESSMENT OF A FINE OF UP TO FIVE HUNDRED DOLLARS AGAINST THEVIOLATOR;
(4) REQUIRING THE VIOLATOR TO POST BOND OR SECURITY TO ENSURE FUTURECOMPLIANCE WITH THE COURT'S ORDERS;
(5) ORDERING THE VIOLATOR TO PAY THE COST OF COUNSELING TOREESTABLISH THE PARENT-CHILD RELATIONSHIP BETWEEN THE AGGRIEVED PARTY ANDTHE CHILD; AND
(6) A JUDGMENT IN AN AMOUNT NOT LESS THAN THE REASONABLE EXPENSES,INCLUDING ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED BY THEAGGRIEVED PARTY AS A RESULT OF THE DENIAL OF CUSTODY, VISITATION ORTHIRD-PARTY CUSTODY.".
5. If an alternative dispute resolution program is available pursuantto section 452.372, the clerk shall also provide information to all partieson the availability of any such services, and within fourteen days of thedate of service, the court may schedule alternative dispute resolution.
6. Upon a finding by the court pursuant to a motion for a familyaccess order or a motion for contempt that its order for custody,visitation or third-party custody has not been complied with, without goodcause, the court shall order a remedy, which may include, but not belimited to:
(1) A compensatory period of visitation, custody or third-partycustody at a time convenient for the aggrieved party not less than theperiod of time denied;
(2) Participation by the violator in counseling to educate theviolator about the importance of providing the child with a continuing andmeaningful relationship with both parents;
(3) Assessment of a fine of up to five hundred dollars against theviolator payable to the aggrieved party;
(4) Requiring the violator to post bond or security to ensure futurecompliance with the court's access orders; and
(5) Ordering the violator to pay the cost of counseling toreestablish the parent-child relationship between the aggrieved party andthe child.
7. The reasonable expenses incurred as a result of denial orinterference with custody or visitation, including attorney's fees andcosts of a proceeding to enforce visitation rights, custody or third-partycustody, shall be assessed, if requested and for good cause, against theparent or party who unreasonably denies or interferes with visitation,custody or third-party custody. In addition, the court may utilize any andall powers relating to contempt conferred on it by law or rule of theMissouri supreme court.
8. Final disposition of a motion for a family access order filedpursuant to this section shall take place not more than sixty days afterthe service of such motion, unless waived by the parties or determined tobe in the best interest of the child. Final disposition shall not includeappellate review.
9. Motions filed pursuant to this section shall not be deemed anindependent civil action from the original action pursuant to which thejudgment or order sought to be enforced was entered.
(L. 1973 H.B. 315 § 21, A.L. 1977 S.B. 430, A.L. 1982 S.B. 468, A.L. 1983 S.B. 94, A.L. 1988 H.B. 1272, et al., A.L. 1989 H.B. 422, A.L. 1993 S.B. 180, A.L. 1995 S.B. 174, A.L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al., A.L. 2004 H.B. 1453, A.L. 2005 H.B. 568)(1977) Where original decree is silent as to visitation rights no change of circumstance need be shown to authorize "modification" (really clarification) of visitation rights. Adoption of E.N. v. E.M.N. (A.), 559 S.W.2d 543.