452.870. Expedited enforcement of child custody determination.

Expedited enforcement of child custody determination.

452.870. 1. A petition under sections 452.850 to 452.915 shall beverified. Certified copies of all orders sought to be enforced and of theorder confirming registration, if any, shall be attached to the petition.A copy of a certified copy of an order may be attached instead of theoriginal.

2. A petition for enforcement of a child custody determination shallstate:

(1) Whether the court that issued the determination identified thejurisdictional basis it relied upon in exercising jurisdiction and, if so,what the basis was;

(2) Whether the determination for which enforcement is sought hasbeen vacated, stayed or modified by a court whose decision shall beenforced 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 thecurrent proceeding, including proceedings relating to domestic violence,protective orders, termination of parental rights and adoptions, and, ifso, identify the court, and the case number and nature of the proceeding;

(4) The present physical address of the child and respondent, ifknown; and

(5) Whether relief in addition to the immediate physical custody ofthe child and attorney's fees is sought, including a request for assistancefrom law enforcement officials and, if so, the relief sought.

3. If the child custody determination has been registered andconfirmed under section 452.810, the petition shall also state the date andplace of registration.

4. The court shall issue an order directing the respondent to appearwith or without the child at a hearing and may enter any orders necessaryto ensure the safety of the parties and the child.

5. The hearing shall be held on the next judicial day followingservice of process unless such date is impossible. In such event, thecourt shall hold the hearing on the first day possible. The court mayextend the date of hearing at the request of the petitioner.

6. The order shall state the time and place of the hearing, and shalladvise the respondent that at the hearing the court will order the deliveryof the child and payment of fees, costs and expenses under section 452.890,and may set an additional hearing to determine if further relief isappropriate, unless the respondent appears and establishes that:

(1) The child custody determination is not registered and confirmedunder section 452.810, and:

(a) The issuing court did not have jurisdiction under sections452.740 to 452.845;

(b) The child custody determination for which enforcement is soughthas been vacated, stayed or modified by a court of a state havingjurisdiction 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 givenin accordance with the standards of section 452.762 in the proceedingsbefore the court that issued the order for which enforcement is sought; or

(2) The child custody determination for which enforcement is soughtwas 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 undersections 452.740 to 452.845 or federal law.

(L. 2009 H.B. 481)