Missouri Revised Statutes













Chapter 452

Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

←452.875

Section 452.880.1

452.885→

August 28, 2015

Hearing and order.

452.880. 1. Unless the court enters a temporary emergency order under

section 452.755, upon a finding that a petitioner is entitled to the physical

custody of the child immediately, the court shall order the child delivered

to the petitioner unless the respondent establishes that:



(1) The child custody determination has not been registered and

confirmed under section 452.810, and that:



(a) The issuing court did not have jurisdiction under sections 452.740

to 452.845;



(b) The child custody determination for which enforcement is sought has

been vacated, stayed or modified by a court of a state having jurisdiction 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 given in

accordance with the standards of section 452.762 in the proceedings before

the court that issued the order for which enforcement is sought; or



(2) The child custody determination for which enforcement is sought was

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 under sections

452.740 to 452.845 or federal law.



2. The court shall award the fees, costs and expenses authorized under

section 452.890 and may grant additional relief, including a request for the

assistance of law enforcement officials, and set a further hearing to

determine if additional relief is appropriate.



3. If a party called to testify refuses to answer on the grounds that the

testimony may be self-incriminating, the court may draw an adverse inference

from such refusal.



4. A privilege against disclosure of communications between spouses and a

defense of immunity based on the relationship of husband and wife, or parent

and child shall not be invoked in a proceeding under sections 452.850 to

452.915.



(L. 2009 H.B. 481)







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