RELOCATION OF CHILDREN
PARENTAL ALIENATION



Relocation of child under current Missouri jurisdiction by parent for more than ninety days has a required statutory procedure that must be followed.

If you are your child's legal custodian, and you want to relocate with your child , there are certain things you have to do first under Missouri law. If an existing court order gives someone else visitation rights, you must give that person advance notice of your plan to move with your child. Relocation of a child means a change in the principal residence of a child for a period of ninety days or more. This does not include a temporary absence from the principal residence for less than 90 days. If you move without giving any notice, or after giving improper notice, the court could order the child to move back to your old location or the other parent's home and/or order you to pay the other parent's attorney's fees and costs. Also, a court might finds you in contempt and could award the other parent primary custody.






Missouri Revised Statutes

Chapter 452 Section 452.377.1

August 28, 2016





Relocation of child by parent for more than ninety days, required procedure--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 a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.

2. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

(1) The intended new residence, including the specific address and mailing 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 proposed relocation of a child, if applicable; and

(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.

3. A party required to give notice of a proposed relocation pursuant to subsection 2 of this section has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known.

4. In exceptional circumstances where the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed 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 disclosed in the pleadings, notice, other documents filed in the proceeding or the final order except for an in camera disclosure;

(2) The notice requirements provided by this section shall be waived to the extent necessary to protect the health or safety of a child or any adult; or

(3) Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

5. The court shall consider a failure to provide notice of a proposed relocation of a child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

6. If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing.

7. The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

8. If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file a cause of action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

9. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

10. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants* otherwise; and

(2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

11. After August 28, 1998, every court order establishing or modifying 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 by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing 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 proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.".

12. Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

13. Any party who objects in good faith to the relocation of a child's principal** residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

(L. 1984 H.B. 1513 § 452.375 subsec. 6, A.L. 1998 S.B. 910)

*Word "warrant" appears in original rolls.

**Word "principle" appears in original rolls.





PARENTAL ALIENATION




Parental alienation occurs when a malicious parent embarks on a campaign involving the programming of a child by one parent to denigrate the other targeted parent, in an effort to undermine and interfere with the child's relationship with that parent. This is often an indication of this parent's inability to remove themselves from the couple conflict and focus on the needs of their child. Such denigration results in the child's emotional rejection of the targeted parent, and the loss of a capable and loving parent from the life of the child. Psychiatrist Richard Gardner developed the concept of parental alienation syndrome 20 years ago, defining it as, "a disorder that arises primarily in the context of child custody disputes. Its primary manifestation is the child's campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent's indoctrinations and the child's own contributions to the vilification of the target parent." Children's views of the targeted parent are almost exclusively negative, to the point that the parent is demonized and seen as evil.



Modification of Child Custody




Missouri courts have a strong and distinct interest in making sure that children of divorce and separation have frequent and meaningful contact with both parents. The parents are both encouraged to continue sharing in the responsibilities and joys that come with raising a child. In the state of Missouri, parenting time is not dependent on the timely payment of child support. Visitation time cannot be withheld from a person who has been awarded that time simply because the other parent decides to not comply with the court order. The police generally do not get involved in attempting to enforce a court order. The parenting time scheduled in a judgment is an enforceable court order and usually needs to be address by the court with jurisdiction over that order. A parent who has been denied court-ordered parenting time may apply for enforcement by the court by filing a “Family Access Motion”.



The reason to modify has to include documentation that certain provisions in the original Judgment are no longer in the child’s best interests.





As in the original custody order, factors that influence the “best interests” of child include:






• The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;



• The needs of the child for frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;



• The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;



• Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;



• The child’s adjustment to the child’s home, school, and community;



• The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;



• The intention of either parent to relocate the principal residence of the child; and the wishes of the child as to the child’s custodian.








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