WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Missouri

Custody

Updated: 
January 1, 2024

What happens if the other parent violates the custody order?

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)