To repeal sections 435.405, 452.150, 452.305, 452.310, 452.325, 452.335, 452.342, 452.355, 452.365, 452.370, 452.376, 452.377, 452.380, 452.385, 452.405, 452.411, 452.416, 452.445, 452.480, 452.485, 452.600, 452.605, and 454.496, RSMo 1994, and sections 452.340, 452.375, 452.400 and 452.423, RSMo Supp. 1996, relating to domestic relations, and to enact in lieu thereof forty new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 435.405, 452.150, 452.305, 452.310, 452.325, 452.335, 452.342, 452.355, 452.365, 452.370, 452.376, 452.377, 452.380, 452.385, 452.405, 452.411, 452.416, 452.445, 452.480, 452.485, 452.600, 452.605 and 454.496, RSMo 1994, and sections 452.340, 452.375, 452.400, and 452.423, RSMo Supp. 1996, are repealed and forty new sections enacted in lieu thereof, to be known as sections 435.405, 452.150, 452.302, 452.305, 452.310, 452.325, 452.335, 452.338, 452.339, 452.340, 452.342, 452.355, 452.365, 452.370, 452.373, 452.374, 452.375, 452.376, 452.377, 452.380, 452.385, 452.400, 452.401, 452.405, 452.411, 452.416, 452.423, 452.445, 452.480, 452.485, 452.552, 452.554, 452.556, 452.600, 452.605, 454.478, 454.496, 1, 2 and 3, to read as follows:

435.405. 1. Upon application of a party, the court shall vacate an award where:

(1) The award was procured by corruption, fraud or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 435.370, as to prejudice substantially the rights of a party; or

(5) There was no arbitration agreement and the issue was not adversely determined in proceedings [under] pursuant to section 435.355 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

2. An application [under] pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.

3. In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section or subsection 5 of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the award is vacated on grounds set forth in subdivisions (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 435.360. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

4. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

5. Notwithstanding the provisions of this section, if an arbitration award in a dissolution of marriage determines an issue regarding a child of the marriage, such decision shall be subject to de novo judicial review.

452.150. The father and mother living apart are entitled to an adjudication [of] by the circuit court as to their powers, rights and duties in respect to the custody and control and the services and earnings and management of the property of their unmarried minor children without any preference as between the said father and mother, and neither the father nor the mother has any right paramount to that of the other in respect to the custody and control or the services and earnings or of the management of the property of their said unmarried minor children; pending such adjudication the father or mother who actually has the custody and control of said unmarried minor children shall have the sole right to the custody and control and to the services and earnings and to the management of the property of said unmarried minor children. The mere fact that one parent has actual custody of the minor children at the time of filing shall not create a preference for the court in its adjudication of custody or parenting time and child support.

452.302. As used in this chapter, the following terms mean:

(1) "Child", any child of the marriage who is eligible for support pursuant to section 452.340;

(2) "Parenting function", any aspect of the parent-child relationship in which the parent makes a decision or performs a function necessary for the care and growth of a child. A parenting function includes, but is not limited to:

(a) Maintaining a stable and consistent relationship with the child;

(b) Attending to the daily needs of the child, including food, clothing, physical care and grooming, supervision, health and day care, or any other activity which is appropriate to the development level of the child and within the social and economic circumstances of the particular family;

(c) Attending to adequate education for the child, including remedial or other education essential to the best interest of the child;

(d) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and

(e) Providing financial support for the child;

(3) "Parenting time", the time a parent spends with the child performing a parenting function, including such time scheduled by the court pursuant to a parenting plan or visitation in orders issued prior to July 1, 1998;

(4) "Permanent parenting plan", a plan for parenting the child, including custody and allocation of parenting functions, which is incorporated in any final decree or modification in an action for dissolution of marriage or legal separation;

(5) "Temporary parenting time", parenting time scheduled by the court before a final determination is made.

452.305. 1. The circuit court shall enter a decree of dissolution of marriage if

(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days next preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition;

(2) The court finds that there remains no reasonable likelihood that the marriage can be preserved and therefore the marriage is irretrievably broken; and

(3) To the extent it has jurisdiction to do so, the court has approved the parenting plan or considered, approved, or made provision for child custody, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property.

2. If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form.

452.310. 1. All proceedings [under] pursuant to sections 452.300 to 452.415 are commenced in the manner provided by the rules of the supreme court.

2. The petition in a proceeding for dissolution of marriage or legal separation shall be verified and shall allege the marriage is irretrievably broken and shall set forth:

(1) The residence of each party and the length of residence in this state;

(2) The date of the marriage and the place at which it was registered;

(3) The date on which the parties separated;

(4) The names, ages, and addresses of any living children of the marriage [and], whether the wife is pregnant and if the children of the marriage are eighteen years of age or under, a proposed temporary parenting time schedule may be attached to the petition;

(5) Any arrangements as to the custody and support of the children and the maintenance of a spouse; and

(6) The relief sought.

3. In listing the names, ages, and addresses of any living children of the marriage, the party filing the petition shall state which party has actual physical custody of any minor children, and, upon the filing of the petition, all unemancipated, unmarried minor children shall come under the immediate jurisdiction of the court in which the action is filed, unless a petition alleging abuse or neglect of such minor children is pending in the juvenile court. Thereafter, until permitted to do so by order of the court, neither party shall remove such minor children from the jurisdiction of the court nor from the care and custody of the party which has custody of the children at the time the action is filed.

4. The [other party must] respondent shall be served in the manner provided by the rules of civil procedure and applicable court rules and may within thirty days after the date of service file a verified answer.

5. Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.

6. Any person who intentionally makes a false allegation of domestic abuse pursuant to sections 455.010 and 455.501, RSMo, in any pleading or proceeding pursuant to this section is guilty of a class A misdemeanor.

452.325. 1. To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the custody[, support and visitation of] and support of and visitation or parenting time with their children.

2. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the custody, support, [and], visitation [of] or parenting time with the children and the provisions set forth in the parenting plan, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable or is not in the best interest of the child.

3. If the court finds the separation agreement unconscionable, the court may request the parties to submit a revised separation agreement or the court may make orders for the disposition of property, support, and maintenance in accordance with the provisions of sections 452.330, 452.335 and 452.340.

4. If the court finds that the separation agreement is not unconscionable as to support, maintenance, and property:

(1) Unless the separation agreement provides to the contrary, its terms shall be set forth in the decree of dissolution or legal separation and the parties shall be ordered to perform them; or

(2) If the separation agreement provides that its terms shall not be set forth in the decree, only those terms concerning child support, custody and [visitation] parenting time and the provisions set forth in the parenting plan, if applicable, shall be set forth in the decree, and the decree shall state that the court has found the remaining terms not unconscionable.

5. Terms of the agreement set forth in the decree are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court.

6. Except for terms concerning the support, custody or [visitation of children] parenting time or the provisions of the parenting plan, if applicable, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides.

452.335. 1. In a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:

(1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and

(2) Is unable to support himself or herself through appropriate employment or is the [custodian] parent of a child whose condition or circumstances make it appropriate that the [custodian] parent not be required to seek employment outside the home.

2. The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:

(1) The financial resources of the party seeking maintenance, including marital property apportioned to [him] the party, and [his] the party's ability to meet [his] the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as [custodian] a parent;

(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(3) The comparative earning capacity of each spouse;

(4) The standard of living established during the marriage;

(5) The obligations and assets, including the marital property apportioned to him and the separate property of each party;

(6) The duration of the marriage;

(7) The age, and the physical and emotional condition of the spouse seeking maintenance;

(8) The ability of the spouse from whom maintenance is sought to meet [his] such spouse's needs while meeting those of the spouse seeking maintenance;

(9) The conduct of the parties during the marriage; and

(10) Any other relevant factors.

3. The maintenance order shall state if it is modifiable or nonmodifiable. The court may order maintenance which includes a termination date. Unless the maintenance order which includes a termination date is nonmodifiable, the court may order the maintenance decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order.

452.338. 1. Upon written request of a parent of a child who is receiving medical assistance pursuant to section 208.151, RSMo, the division of family services shall provide such parent with documentation that allows the child to obtain medical assistance. This section shall not apply to parents of children in the custody of a public agency.

2. A parent providing health insurance coverage for a child shall provide the other parent with documentation that allows the child to obtain medical assistance.

452.339. The general assembly finds and declares that it is the public policy of this state to assure children frequent and meaningful contact with both parents after the marriage of the parents has been separated or dissolved, and that it is in the public interest to encourage parents to share the decision- making responsibilities of child rearing. In order to effectuate such policy, the court shall approve or determine the parenting responsibilities which are in the best interest of the child under all relevant circumstances and will best assure that parents share such decision-making responsibility, and provide such frequent and meaningful contact between the child and each parent so long as it is in the best interest of the child.

452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court [may order either or] shall determine the obligation of both parents [owing a duty of] to provide support to a child of the marriage [to pay an amount reasonable or necessary for his support], including [an award] support retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

(1) The financial needs and resources of the child;

(2) The financial resources and needs of the parents;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child, and [his] the child's educational needs[.]; and

(5) The parenting plan submitted pursuant to section 452.374, or the child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the physical and legal or physical or legal custody arrangements.

2. [The obligation of the noncustodial parent to make support payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the custodial parent has voluntarily relinquished physical custody of a child to the noncustodial parent, notwithstanding any periods of visitation or temporary custody pursuant to a decree of dissolution or legal separation or any modification thereof.] The child support obligation of the parent ordered to pay child support shall abate, in whole or in part as ordered by the court or administrative body, or the court or administrative body may order the other parent to pay child support during periods of parenting time, temporary physical custody or visitation if:

(1) The parenting time, temporary custody or visitation is voluntarily relinquished or agreed to by the parent with physical custody which totals at least thirty consecutive days; or

(2) The support order does not include abatement or adjustment in the calculation. In an IV-D case, the division of child support enforcement may determine the amount of the abatement [under] pursuant to this subsection for any child support order. In such cases, upon notification by the division, the circuit clerk shall record the amount of abatement on the child support trusteeship record established pursuant to this chapter and chapter 454, RSMo.

3. A court may abate, in whole or in part, any future obligation of support or may transfer the custody of or amend the parenting plan applicable to one or more children, so long as it is in the best interest of the child, if it finds that a parent has, without good cause, failed to provide parenting time to the other parent pursuant to the terms of a parenting plan, decree of dissolution, legal separation or modifications thereof. The court may also award reasonable expenses, attorney's fees and court costs incurred by the prevailing party.

[3.] 4. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

(1) Dies;

(2) Marries;

(3) Enters active duty in the military;

(4) Becomes self-supporting[, provided that the custodial parent has relinquished the child from parental control by express or implied consent]; or

(5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply.

[4.] 5. If the child is physically or mentally incapacitated from supporting himself or herself, and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

[5.] 6. If when a child reaches age eighteen, [he] the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and satisfactorily progresses toward completion of such program, until [the] such child completes such program [or reaches age twenty-one, whichever first occurs], but in no event shall it extend beyond age twenty-one.

7. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree and so long as the child [continues to attend such] enrolls for and completes at least ten hours of classes each term at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes [his] the child's education, or until the child reaches the age of twenty-two, whichever first occurs. To remain eligible for such continued parental support, the child shall submit to each parent a transcript provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or obligated parent may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, college, or university at which the child attends classes regularly.

8. At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child in lieu of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away from the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order.

[6. A court may abate, in whole or in part, any future obligation of support or may transfer the custody of one or more children if it finds:

(1) That a custodial parent has, without good cause, failed to provide visitation or temporary custody to the noncustodial parent pursuant to the terms of a decree of dissolution, legal separation or modifications thereof; and

(2) That the noncustodial parent is current in payment of all support obligations pursuant to the terms of a decree of dissolution, legal separation or modifications thereof. The court may also award reasonable attorney fees to the prevailing party.

7. Not later than October 13, 1989,]

9. The Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. [Said] Such guidelines shall contain specific, descriptive and numeric criteria which [will] shall result in a computation of the support obligation. [By July 1, 1996,] The guidelines shall address how the amount of child support should be calculated when [an award of joint physical custody results in] the child or children [spending] spend substantially equal time with both parents. Not later than January 1, 1998, the supreme court shall specifically list and explain the relevant factors and underlying assumptions that are used to calculate the child support guidelines, including but not limited to, the amount of parenting time or temporary physical custody the parent ordered to pay child support is assumed to have, income tax dependency exemptions, child care exemptions, and other tax exemptions and obligations. Such factors and assumptions shall be published in the comments to the supreme court rule. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every four years to ensure that its application results in the determination of appropriate child support award amounts.

[8. Beginning October 13, 1989,]

10. There shall be a rebuttable presumption, in any judicial or administrative proceeding for the [award] order of child support, that the amount of the [award] order which would result from the application of the guidelines established pursuant to subsection [7] 8 of this section is the correct amount of child support [to be awarded]. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required and shall be sufficient to rebut the presumption in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.

[9. Under]

11. Pursuant to this or any other chapter, when a court determines the amount [owed by] due from a parent for support provided to [his] the parent's child by another person prior to the date of filing of a petition requesting support, or when the director of the division of child support enforcement establishes the amount of state debt due [under] pursuant to subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established [under] pursuant to subsection [7] 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines [under] pursuant to subsection [7] 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of [the noncustodial] each parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount. The court or division shall make specific written findings of such sufficient cause upon deviation from the guidelines.

452.342. The court which issued a judgment or order of child support payments may, upon petition of the party obligated to make the payments and upon good cause shown, order the [custodial] other parent to furnish the party having the support obligation with a regular summary of expenses paid by the [custodial] other parent on behalf of the child. The court may prescribe the form and substance of the summary.

452.355. 1. Unless otherwise indicated, the court [from time to time], after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under sections 452.300 to 452.415 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in [his] the attorney's name. The court may further order the amount of any such costs and attorney fees to be paid out of the marital assets which are the subject of the proceedings or the separate property of either party, or any combination thereof.

2. In any proceeding in which the nonpayment of child support is an issue under the provisions of a temporary or permanent court order or decree, if the court finds that the obligor has failed, without good cause, to comply with such order or decree to pay the child support, the court shall order the obligor to pay a reasonable amount for the cost of the suit to the obligee, including sums for legal services. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

3. For purposes of this section, an "obligor" is a person owing a duty of support and an "obligee" is a person to whom a duty of support is owed.

4. For purposes of this section, "good cause" includes any substantial reason why the defendant is unable to pay the child support as ordered. Good cause does not exist if the defendant purposely maintains his inability to pay.

452.365. If [a] either party fails to comply with a provision of a decree, parenting plan or temporary order or injunction, the obligation of the other party to make payments for support or maintenance [or to], permit visitation, parenting time or to continue the terms of the parenting plan is not suspended but [he] the party may move the court to grant an appropriate order.

452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support or maintenance award, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. If the application of the child support guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable, if the existing amount was the presumed amount under the child support guidelines.

2. When the party seeking modification has met the burden of proof set forth in subsection 1 of this section, then the child support shall be determined in conformity with criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules.

3. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

4. Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child. The custodial parent shall have the duty to notify the noncustodial parent of the child's emancipation and failing to do so the custodial parent shall be liable to the noncustodial parent for child support paid to the custodial parent following emancipation of a minor child.

5. In any case wherein a parent has made an assignment of support rights to the division of family services on behalf of the state as a condition of eligibility for benefits [under the aid to families with dependent children] pursuant to the temporary assistance for needy families program and either party initiates a motion to modify the support obligation by reducing it, the state of Missouri shall be named as a party to the motion. The state shall be served with a copy of the motion by sending it by certified mail to the director of the division of child support enforcement.

6. The circuit court shall have continuing personal jurisdiction over both the obligee and the obligor of a court order for child support or maintenance for the purpose of modifying such order. Both obligee and obligor shall notify, in writing, the circuit clerk of the court in which the support or maintenance order was entered of any change of mailing address. If a personal service of the motion cannot be had in this state, the motion to modify and notice of hearing shall be served outside the state as provided by supreme court rule 54.14. The order may be modified only as to support or maintenance installments which accrued subsequent to the date of personal service. For the purpose of 42 U.S.C. 666(a)(9)(C), the circuit clerk shall be considered the "appropriate agent" to receive notice of the motion to modify for the obligee or the obligor, but only in those instances in which personal service could not be had in this state.

7. If a responsive pleading raising the issues of custody or [visitation] parenting time is filed in response to a motion to modify child support filed at the request of the division of child support enforcement by a prosecuting attorney or circuit attorney or an attorney under contract with the division, such responsive pleading shall be severed upon request.

8. Any person who intentionally makes a false allegation of domestic abuse pursuant to section 455.010 and 455.501, RSMo, in any pleading or proceeding pursuant to this section is guilty of a class A misdemeanor.

452.373. 1. When a person files a petition which lists the names of children to the marriage who are less than eighteen years of age pursuant to the provisions of section 452.310, RSMo, the court may, at any time during the proceedings, order the parties to the dissolution to participate in a mediation program pursuant to supreme court rule regarding any contested issues of child custody and parenting time, except for good cause shown. As used in this section, "good cause" includes, but is not limited to, allegations of domestic violence, but does not mean the absence of qualified mediators.

2. By July 1, 1998, in any action for dissolution of marriage or legal separation in which a minor child of the marriage is involved, the court shall, at the time of filing, order the parents to attend educational sessions concerning the effects of dissolution of marriage on children, except for good cause shown. As used in this subsection "good cause" includes, but is not limited to, situations where the safety of a party may be endangered by attending the educational sessions. The court may order the minor children to attend educational sessions appropriate to the child's age and abilities.

452.374. 1. Subject to section 452.339, it is the intent of the general assembly to encourage both parents to work together in developing and submitting a specific written plan setting forth the terms of custody. Any decree providing for joint custody shall include such a plan and may be proposed by both parents acting in concert, or one parent acting individually, or if neither of the foregoing occurs, the plan shall be provided by the court.

2. In a proceeding described in section 452.373, the petitioner may, at the time of filing, submit a proposed temporary parenting time schedule to the court regarding any minor child. If the petitioner submits such schedule, the court shall, as soon as possible, but in no event later than sixty days after such filing, evaluate the petitioner's proposed temporary parenting time schedule, or an alternative temporary parenting time schedule submitted by the respondent, and approve or devise a temporary parenting time schedule in accordance with the best interest of the child. The mere fact that one parent has actual custody of the minor child at the time of filing shall not create a preference for the court in its adjudication of custody or parenting time and child support.

3. The parents shall submit to the court a proposed permanent parenting plan, or separate permanent parenting plans if there are issues in dispute which the parents cannot resolve, regarding the care of any minor child which are in the best interest of the child under all relevant circumstances, and will best assure that parents share the decision-making responsibility, and maintain frequent and meaningful contact between the child and each parent so long as contact is in the best interest of the child. A parenting plan shall:

(1) Provide for the child's legal and physical custody;

(2) Set forth the authority and responsibilities of each parent with respect to the child, including, but not limited to:

(a) A residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekend scheduling, including holidays and school holidays preceding or following weekends;

(d) Decision making and responsibilities;

(e) Health and educational needs, including, but not limited to, information sharing and access, including access to medical, dental and school information;

(f) Relocation of parents;

(g) Telephone access; and

(h) Transportation;

(3) Minimize the child's exposure to harmful parental conflict;

(4) Encourage the parents, if appropriate, to meet their responsibilities to the minor child through an agreement in the permanent parenting plan rather than relying on judicial intervention; and

(5) To otherwise protect the best interest of the child.

4. The permanent parenting plan shall include a provision for resolving disputes between the parents, which may include mediation, unless such a provision would not be in the best interest of the child based on the restrictions set forth in section 452.375 or other good cause exists. Such provision shall require:

(1) Preference be given to carrying out the parenting plan;

(2) The use of a dispute resolution method, except for a dispute relating to financial support, unless an emergency exists;

(3) A written record to be prepared of any agreement reached in an arbitration or mediation award and that such record be provided to each party;

(4) The court to award attorney's fees and financial sanctions to the prevailing party if the court finds that a parent has used or frustrated the dispute resolution process without good cause;

(5) The provisions of subdivisions (1) to (4) of this subsection be set forth or incorporated in the decree.

5. If the parties cannot resolve the issues in dispute, if any, between the proposed permanent parenting plans submitted by the petitioner and respondent, there shall be a presumption in favor of utilizing the mediation process, as provided by supreme court rule, except for good cause shown which shall include, but not be limited to, evidence of domestic violence or abuse, as defined in sections 455.010 and 455.501, RSMo.

6. As between the parents of a child, the parenting plan shall not discriminate against either parent because of the parent's age, sex, race or financial status, or because of the age, race or sex of the child.

7. The court shall evaluate a parenting plan pursuant to the provisions of section 452.339 and in accordance with the best interest of the child. Upon approval by the court, such plan shall become the permanent parenting plan, shall be incorporated in the decree and shall be subject to modification.

8. If a parent fails to comply with the provisions of the parenting plan or a child support order, the other parent's obligations pursuant to such plan or order shall not be affected. If a parent fails to comply with the provisions of such plan or order, the other parent may seek any remedy provided by law, including contempt of court pursuant to section 452.400.

9. The parents may amend or modify a permanent parenting plan by:

(1) Petitioning the court for a modification; or

(2) Subject to approval by the court, a verified written agreement signed by both parents which details the amendments and modifications to such plan.

452.375. 1. As used in this section, unless the context clearly indicates otherwise:

(1) "Joint legal custody" means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority;

(2) "Joint physical custody" means an order awarding each of the parents significant periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent [and], continuing and meaningful contact with both parents.

2. The court shall determine the physical and legal custody arrangement or parenting plan in accordance with the best interests of the child. The court shall consider all relevant factors including:

(1) The wishes of the child's parents as to [his] the child's physical and legal or physical or legal custody;

(2) The wishes of a child as to [his] the child's physical and legal custodian;

(3) The interaction and interrelationship of the child with [his] the child's parents, [his] siblings, and any other person who may significantly affect the child's best interests;

(4) The child's adjustment to [his] the child's home, school, and community;

(5) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation [rights] or parenting time shall be ordered in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm;

(6) The needs of the child for a continuing 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;

(7) The intention of either parent to relocate [his] the parent's residence outside the state, or a relocation which detrimentally impacts the other parent's parenting time, or physical and legal or physical or legal custody rights; and

(8) Which parent is more likely to allow the child frequent and meaningful contact with the other parent.

3. The court shall not award custody of a child to a parent if such parent has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim.

4. The general assembly finds and declares that it is the public policy of this state to assure children frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage, except for cases where the court specifically finds to the contrary, and that it is in the public interest to encourage parents to share decision-making rights and responsibilities of child rearing. In order to effectuate this policy, the court shall determine the custody arrangement which will best assure that parents share such decision-making responsibility and authority and such frequent, continuing and meaningful contact between the child and each parent, as is indicated in the best interests of the child under all relevant circumstances.

5. [Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider each of the following] Physical and legal custody shall be ordered in the best interest of the child as follows:

(1) Joint physical and joint legal custody to both parents, which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award;

(2) Sole physical and legal or physical or legal custody to either parent; or

(3) Third party custody or visitation:

(a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then physical and legal or physical or legal custody, temporary physical and legal or physical or legal custody, or visitation or parenting time may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child. Before the court awards physical and legal or physical or legal custody, temporary physical and legal or physical or legal custody, or visitation or parenting time to a third person [under] pursuant to this subdivision, the court shall make that person a party to the action;

(b) [Under] Pursuant to the provisions of this subsection, any person may petition the court to intervene as a party in interest at any time as provided by supreme court rule.

6. Unless otherwise decreed, parents are obligated to exchange information with one another concerning the health, education and welfare of the child. In a decree of sole custody, a court may provide that parents shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Upon a finding by the court that either parent has refused to exchange information with one another, which shall include but not be limited to the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to attorney's fees and court costs.

7. As between the parents of a child, [no preference may be given to either parent in the awarding of custody] the custody order shall not discriminate against either parent because of that parent's age, sex, or financial status, nor because of the age or sex of the child.

8. Any decree providing for joint physical and legal or joint physical or joint legal custody shall include a specific written parenting plan setting forth the terms of such custody. Such plan may be suggested by both parents acting in concert, or one parent acting individually, or if neither of the foregoing occurs, the plan shall be provided by the court. The plan [may] shall include a provision for mediation of disputes [in all cases], the joint physical and legal or joint physical or joint legal custody plan approved and ordered by the court shall be in the court's discretion.

9. Unless a [noncustodial] parent has been denied visitation [rights under] or parenting time pursuant to section 452.400, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent [because the parent is not the child's custodial parent]. If a [noncustodial] parent has been granted restricted or supervised visitation or parenting time because the court has found that the [custodial] other parent or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the [noncustodial] parent, the court may order that the reports and records made available pursuant to this subsection not include the address of the [custodial] other parent or the child.

10. If any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either [the custodial or noncustodial] parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.

11. [An award of joint custody] The custody arrangement does not preclude an [award] order of child support pursuant to section 452.340. The court shall consider the factors contained in section 452.340 in determining an amount reasonable or necessary for the support of the child.

12. If the court finds that [domestic violence] abuse, as defined in sections 455.010 and 455.501, RSMo, has occurred, the court shall make specific findings of fact to show that the custody, or visitation or parenting time arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of [domestic violence] abuse, as defined in sections 455.010 and 455.501, RSMo, from any further harm.

13. A noncustodial parent, grandparent or great grandparent who was convicted of an illegal sex act pursuant to chapter 566, RSMo, or section 568.020, RSMo, against a victim under the age of eighteen shall not be allowed parenting time or visitation until the offender is discharged from incarceration, parole or mandatory supervised release and the offender successfully completes a treatment program approved by the court.

14. A permanent parenting plan shall not require mutual decision-making or dispute resolution other than by the court if it is found that a parent has engaged in any of the following conduct:

(1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;

(2) Physical, sexual or a pattern of emotional abuse of a child; or

(3) A history of or current acts of abuse, as defined in sections 455.010 and 455.501, RSMo, or an assault or sexual assault.

15. The parent's visitation or parenting time with the child shall be subject to limitation if it is found that the parent has engaged in any of the following conduct:

(1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;

(2) Physical, sexual or a pattern of emotional abuse of a child;

(3) A history of or current acts of abuse, as defined in sections 455.010 and 455.501, RSMo, or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or

(4) The parent has been convicted as an adult of a sex offense.

16. The court may preclude or limit any provision of the custody arrangement or parenting plan based on the best interest of the child if any of the following factors exist:

(1) A parent's neglect or substantial nonperformance of parenting functions;

(2) A long-term emotional or physical impairment which significantly interferes with the parent's performance of parenting functions;

(3) The absence or substantial impairment of emotional ties between the parent and child;

(4) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;

(5) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

(6) Such other factors or conduct as the court expressly finds adverse to the best interest of the child.

452.376. 1. Unless a [noncustodial] parent has been denied visitation [rights under] or parenting time pursuant to section 452.400, such [noncustodial parent or any parent who has joint custody of a child] parent shall, upon request and payment of an administrative fee sufficient to cover the cost, receive any deficiency slips, report cards or pertinent progress reports regarding that child's progress in school. If a [noncustodial] parent has [been granted] restricted or supervised visitation or parenting time because the court has found that the [custodial] other parent or the child has been the victim of [domestic violence] abuse, as defined in [section 455.200] sections 455.010 and 455.501, RSMo, by the [noncustodial] parent, the court may order that the reports and records made available pursuant to this subsection not include the address of the custodial parent or the child.

2. School districts shall annually set an administrative fee estimated to cover the costs of preparing, copying and mailing the student information required to be provided pursuant to this section.

452.377. [A person entitled to the custody of a child] Either parent or any person with custody of a child shall not change the residence of the child [to another state] or remove the child from this state for a period of time exceeding ninety days except upon order of the court or with the written consent of the [parties] other party with custody [or], visitation [rights. Where the noncustodial person has been given visitation rights by the custody decree,] or parenting time. Such court permission may be granted only after notice to the [person having visitation rights] other parent and after opportunity for a hearing. The court shall review the motion and base its decision on the following factors:

(1) Is the relocation in the best interest of the child in relationship to each parent;

(2) Is there an agreement and plan to continue a relationship with the other parent; and

(3) Will the relocation enhance the quality of family life or distance the child from the other parent.

Violation of 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] parenting plan.

452.380. 1. A party to a [custody] proceeding pursuant to this chapter, including a modification proceeding pursuant to section 452.410, may move for a temporary custody order. The motion [must] shall be supported by an affidavit. The court may [award] order temporary custody after a hearing or, if there is no objection, solely on the basis of the affidavits.

2. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order or parenting plan ordered by the court is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a [custody decree be issued] parenting plan or custody arrangement be ordered by the court.

452.385. 1. The court may interview the child in chambers to ascertain the child's wishes as to [his custodian] the child's residential schedule and other relevant matters within [his] the child's knowledge. The court shall permit counsel to be present at the interview and to participate therein. The court shall cause a record of the interview to be made and to be made part of the record in the case.

2. The court may seek the advice of professionals in determining appropriate provisions of the parenting plan. The advice given shall be in writing and made available by the court to counsel upon request. Counsel may cross examine any professional personnel consulted by the court.

452.400. 1. [A parent not granted custody of the child is] Both parents are entitled to reasonable visitation [rights] or parenting time unless the court finds, after a hearing, that visitation or parenting time with such parent would endanger the child's or other household or family members' physical health [or impair his emotional development]. The court or parenting plan shall define [the noncustodial] each parent's visitation [periods] or parenting time in detail [at the request of either party]. In determining [the granting of] visitation [rights] or parenting time, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may [find that granting] order visitation or parenting time to the abusive party if it is in the best interests of the child. The court shall [not grant] deny visitation or parenting time to [the] a parent [not granted custody] if such parent has been found guilty of or pled guilty to a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim. The court may deny visitation or parenting time to a parent if such parent has been found guilty of or pled guilty to a felony violation of chapter 566, RSMo, when a child was the victim, or a violation of section 568.020, RSMo, when a child was the victim. The court shall consider the parent's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons and shall [grant] permit visitation or parenting time in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm. The court shall make specific findings of fact to show that the visitation or parenting time arrangements made or approved by the court best protects the child or the parent or other family or household member who is the victim of domestic violence from any further harm.

2. The court may modify an order granting or denying visitation [rights] or parenting time whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation [rights] or parenting time unless it finds that the visitation or parenting time would endanger the child's physical health or impair [his] the child's emotional development. When a court restricts a parent's visitation [rights] or parenting time or when a court orders supervised visitation or parenting time because of allegations of abuse or domestic violence, a showing of proof of treatment and rehabilitation shall be made to the court before unsupervised visitation or parenting time may be ordered. "Supervised visitation or parenting time", as used in this section, is visitation or parenting time which takes place in the presence of a responsible adult appointed by the court for the protection of the child.

3. The court shall mandate compliance with its order by both [the custodial parent] parents and the child. [In the event of noncompliance,] If a parent has parenting time, visitation, or physical and legal, or physical or legal custody rights, and such time is substantially denied by the other parent, or the other parent substantially fails to comply with the parenting time, visitation or physical custody arrangement, the [noncustodial] parent having such parenting time or custody rights may file a motion for contempt. If a parent has been granted parenting time, or physical and legal, or physical or legal custody rights, and the parent fails to provide such parenting time or custody rights, the other parent may file a motion for enforcement or contempt. The motion may be made on a simple verified pro se form which shall be supplied by the clerk of the court and which shall not require the assistance of legal counsel. The cost of filing such motion for enforcement or contempt shall be the standard court cost for such a filing plus a thirty-five dollar pro se fee. By July 1, 1998, the state courts administrator shall develop a simplified form and instructions for use by persons filing pro se motions for enforcement or contempt pursuant to this section. Each court may establish procedures for handling such motions, but in all cases the court shall set a time and place for hearing on the motion which shall not be more than fourteen days after the service of the motion by certified mail, return receipt requested. Not more than sixty days from service of process, the court shall render a decision on the motion. No continuance of a hearing relating to such a motion shall be granted by the court except for extraordinary cause. Any subsequent violations of the court order shall be a class B misdemeanor.

4. Upon a finding by the court that its order for visitation or parenting time has not been complied with, without good cause, the court shall define the [noncustodial parent's] visitation or parenting time of the parent denied visitation or parenting time in detail and shall exercise its discretion in providing a remedy, which may include a fine and which shall include, but not be limited to, a compensatory period of visitation or [temporary custody] parenting time at a time convenient for the [noncustodial] such parent not less than the period of time denied, [together with] and, if requested by a party, a judgment in an amount not less than the reasonable expenses incurred by [the noncustodial] such parent as a result of denial of visitation or parenting time.

[4.] 5. The reasonable expenses, attorney's fees and court costs of a proceeding to enforce [visitation rights] the parenting plan shall, if requested by a party, be assessed against the parent who unreasonably denies or interferes with [visitation] the parenting plan. In addition, the court may [utilize] use any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

6. Any person who intentionally makes a false allegation of domestic abuse pursuant to sections 455.010 and 455.501, RSMo, in any pleading or proceeding pursuant to this section, is guilty of a class A misdemeanor.

7. The intentional withholding of parenting time, or physical and legal, or physical or legal custody of a child from the other parent without good cause shall constitute a change of circumstances which may justify a modification of custody.

452.401. 1. The pro se fee of thirty-five dollars established in section 452.400 shall be charged and collected by every clerk of the court in this state. The court may waive such fee, in whole or in part, upon motion of the party and for good cause shown. Twenty-five dollars of such fee shall be forwarded monthly by each clerk of the court to the state director of revenue and deposited by the director of revenue in the state treasury into the Missouri family access fund as designated in subsection 2 of this section. Ten dollars of such fee shall remain with the court to cover court costs associated with the filing of the motion.

2. The "Missouri Family Access Fund" is hereby established in the state treasury. At least quarterly, the state treasurer shall allocate moneys in the Missouri family access fund to the state court administrator for disbursement as directed in this section. Moneys deposited into the fund shall include the designated funds received from the pro se fee established in section 452.400 and any other amounts which may be received from grants, gifts, bequests, the state or federal government, or any other source. Moneys in the fund shall be used to the carry out the provisions of this act.

3. Any unexpended balance in the fund at the end of the fiscal year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

452.405. 1. Except as otherwise ordered by the court or agreed by the parties pursuant to a parenting plan or in writing at the time of the custody decree, the legal custodian may determine the child's upbringing, including [his] the child's education, health care, and religious training, unless the court after hearing[,] finds, upon motion by the [noncustodial] parent without legal custody, that in the absence of a specific limitation of the legal custodian's authority the child's physical health would be endangered or his emotional development impaired.

2. The legal custodian shall not exercise legal custody in such a manner as to detrimentally impact the other parent's parenting time, or physical and legal, or physical or legal custody rights.

3. The court may order the county welfare office or the county juvenile officer to exercise continuing supervision over the case.

452.411. If either parent of a child changes his residence to another state, such change of residence of the parent shall be deemed a change of circumstances [under] pursuant to section 452.410, allowing the court to modify a prior physical and legal or physical or legal custody decree.

452.416. 1. Notwithstanding any other provision of law to the contrary, whenever a parent in emergency military service has a change in income due to such military service, such change in income shall be considered a change in circumstances so substantial and continuing as to make the terms of any order or judgment for child support or [visitation] parenting time unreasonable.

2. Upon receipt of a notarized letter from the commanding officer of a noncustodial parent in emergency military service which contains the date of the commencement of emergency military service and the compensation of the parent in emergency military service, the director of the division of child support enforcement shall take appropriate action to seek modification of the order [or judgment of] to pay child support in accordance with the guidelines and criteria set forth in supreme court rule 88.01. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

3. Upon return from emergency military service the parent shall notify the director of the division of child support enforcement who shall take appropriate action to seek modification of the order [or judgment of] to pay child support in accordance with the guidelines and criteria set forth in supreme court rule 88.01. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

4. As used in this section, the term "emergency military service" means that the parent is a member of a reserve unit or national guard unit which is called into active military duty for a period of more than thirty days.

452.423. 1. In all proceedings for child custody or for dissolution of marriage or legal separation where [custody, visitation,] parenting time or a parenting plan or support of a child is a contested issue, the court may appoint a guardian ad litem. The court shall appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.

2. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and may examine, cross-examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child's wishes, feelings, attachments and attitudes. If appropriate, the child should be interviewed;

(3) Request the juvenile officer to cause a petition to be filed in the juvenile division of the circuit court if the guardian ad litem believes the child alleged to be abused or neglected is in danger.

3. The appointing judge shall require the guardian ad litem to faithfully discharge his duties, and upon failure to do so shall discharge him and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.

4. The guardian ad litem shall be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings, or may tax such fees [as costs] to be paid [by the party against whom costs are taxed, or] from public funds. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.

5. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person and shall have access to all records of such agencies or persons relating to the child or his family members. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.

452.445. As used in the Uniform Child Custody Jurisdiction Act in sections 452.440 to 452.550:

(1) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including visitation and parenting time rights. This term does not include a decision relating to child support or any other monetary obligation of any person; but the court shall have the right in any custody determination where jurisdiction is had pursuant to section 452.460 and where it is in the best interest of the child to adjudicate the issue of child support;

(2) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution of marriage, legal separation, separate maintenance, appointment of a guardian of the person, child neglect or abandonment, but excluding actions for violation of a state law or municipal ordinance;

(3) "Decree" or "custody decree" means a custody determination contained in a judicial decree or order made in a custody proceeding, and includes an initial decree and a modification decree;

(4) "Home state" means the state in which, immediately preceding the filing of custody proceeding, the child lived with his parents, a parent, an institution; or a person acting as parent, for at least six consecutive months; or, in the case of a child less than six months old, the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period;

(5) "Initial decree" means the first custody decree concerning a particular child;

(6) "Litigant" means a person, including a parent, grandparent, or step-parent, who claims a right to custody or [visitation] parenting time with respect to a child.

452.480. 1. In his first pleading, or in an affidavit attached to that pleading, every party in a custody proceeding shall give information under oath as to the child's present address, with whom the child is presently living and with whom and where the child lived, other than on a temporary basis, within the past six months. In this pleading or affidavit every party shall further declare under oath whether:

(1) He has participated in any capacity in any other litigation concerning the custody of the same child in this or any other state;

(2) He has information of any custody proceeding concerning the child pending in a court of this or any other state; and

(3) He knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody [or], visitation or parenting time rights with respect to the child.

2. If the declaration as to any of the items listed in subdivisions (1) through (3) of subsection 1 above is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court's jurisdiction and the disposition of the case.

3. Each party has a continuing duty to inform the court of any change in information required by subsection 1 of this section.

452.485. If the court learns from information furnished by the parties pursuant to section 452.480 or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody [or], visitation or parenting time rights with respect to the child, it may order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his joinder as a party. If the person joined as a party is outside this state [he] such person shall be served with process or otherwise notified in accordance with section 452.460.

452.552. In addition to any other court costs required to institute an action pursuant to section 452.310, there is hereby imposed a surcharge of ten dollars to be paid by the person filing such action. The surcharge shall be collected by the circuit clerk at the time the petition is filed and shall be payable to the director of revenue for deposit in a special fund established pursuant to section 3 of this act.

452.554. There is established in the state treasury a special fund to be known as the "Domestic Relations Resolution Fund". The director of revenue shall credit to and deposit all amounts received pursuant to section 452.552 to the fund. The general assembly shall appropriate moneys annually from the domestic relations resolution fund to the state courts administrator, who shall reimburse local judicial circuits for the costs associated with the implementation of this act. The provisions of section 33.080, RSMo, shall not apply to the domestic relations resolution fund.

452.556. 1. The state courts administrator shall create a handbook or be responsible for the approval of handbooks. Such handbook shall be written so the average lay person can understand it. The handbook shall set forth the rights and responsibilities relating to a parenting plan, explain the relevant child custody and child support laws and pro se motions for denial of visitation pursuant to section 452.400, and the underlying assumptions for supreme court rules relating to child support. The handbooks shall be distributed to each circuit court.

2. Each circuit court shall give a copy of the handbook developed pursuant to subsection 1 of this section to each party in a dissolution action filed pursuant to section 452.310, where minor children are involved. The parties shall receive the handbook upon filing of the petition or upon filing an answer to the petition.

3. The court shall make the handbook available to interested state agencies and members of the public.

452.600. The circuit courts [of the fifth, sixth, twenty-third, twenty-ninth, thirtieth, thirty-first and thirty-eighth judicial circuits, by local rule, may] shall, by July 1, 1998, establish a program of educational sessions for parties to actions for dissolution of marriage or in postjudgment proceedings involving custody or [support] parenting plans, concerning the effects of dissolution of marriage on minor children of the marriage. Educational sessions shall not be required for proceedings involving only the determination of child support. In lieu of establishing such a program, the circuit court may, [by local rule,] designate a similar program of educational sessions offered by a private or public entity.

452.605. In an action for dissolution of marriage involving minor children, or in a postjudgment proceeding wherein custody [or support] of minor children is to be determined by the court, [the court may on its own motion] the court shall, except for good cause, order the parties[, including the minor children,] to attend educational sessions concerning the effects of custody and dissolution of marriage on children[, if the court finds that doing so would be in the best interests of the minor children]. As used in this section "good cause" includes, but is not limited to, situations where the safety of a party may be endangered by attending the educational sessions. The court may order the minor children to attend age appropriate education sessions.

454.478. In cases where an administrative order is entered pursuant to the provisions of section 454.470 or section 454.476, the director of the division of child support enforcement may, upon petition of the party obligated to make the payments and upon good cause shown, order the recipient to furnish the party having the support obligation with a regular summary of expenses paid by such parent on behalf of the child. The director shall prescribe the form and substance of the summary.

454.496. 1. At any time after the entry of a court order for child support in a case in which support rights have been assigned to the state of Missouri pursuant to section 208.040, RSMo, or a case in which support enforcement services are being provided under section 454.425, the obligated parent, the obligee or the division of child support enforcement may file a motion to modify the existing child support order under this section, provided that a review has first been completed by the director of child support enforcement pursuant to subdivision (13) of subsection 2 of section 454.400. The motion shall be in writing in a form prescribed by the director, shall set out the reasons for modification and shall state the telephone number and address of the moving party. The motion shall be served in the same manner provided for in subsection 5 of section 454.465 upon the obligated parent, the obligee and the division, as appropriate. In addition, if the support rights are held by the division of family services on behalf of the state, the moving party shall mail a true copy of the motion by certified mail to the person having custody of the dependent child at the last known address of that person. The party against whom the motion is made shall have thirty days either to resolve the matter by stipulated agreement or to serve the moving party and the director, as appropriate, by regular mail with a written response setting forth any objections to the motion and a request for hearing. When requested, the hearing shall be conducted pursuant to section 454.475 by hearing officers designated by the department of social services. In such proceedings, the hearing officers shall have the authority granted to the director pursuant to subsection 6 of section 454.465.

2. When no objections and request for hearing have been served within thirty days, the director, upon proof of service, shall enter an order granting the relief sought.

3. A motion to modify made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

4. The only support payments which may be modified are payments accruing subsequent to the service of the motion upon all parties to the motion.

5. The party requesting modification shall have the burden of proving that a modification is appropriate under the provisions of section 452.370, RSMo.

6. Notwithstanding the provisions of section 454.490, an administrative order modifying a court order is not effective until the administrative order is filed with and approved by the court that entered the court order. The court may approve the administrative order if no party affected by the decision has filed a petition for judicial review pursuant to sections 536.100 to 536.140, RSMo. The court shall determine if the administrative order complies with the provisions of [supreme court rule 88.01] section 452.340, RSMo, and applicable supreme court rules. If it so determines, the court shall make a written finding on the record that the order complies with the provisions of [supreme court rule 88.01] section 452.340, RSMo, and applicable supreme court rules and approve the order. If upon review the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. [If no action is taken by the court within forty-five days of the filing of the administrative order with the court, and no petition for judicial review has been filed pursuant to sections 536.100 to 536.140, RSMo, the court shall be deemed to have made a written finding that the administrative order complies with the provisions of supreme court rule 88.01 and to have approved the administrative order.]

7. Notwithstanding the venue provisions of chapter 536, RSMo, for the filing of petitions for judicial review of final agency decisions and contested cases, the venue for the filing of a petition for judicial review contesting an administrative order entered under this section modifying a judicial order shall be in the court which entered the judicial order. In such cases in which a petition for judicial review has been filed, the court shall consider the matters raised in the petition and determine if the administrative order complies with [supreme court rule 88.01] section 452.340, RSMo, and applicable supreme court rules. If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. If the court determines that the matters raised in the petition are without merit and that the administrative order complies with the provisions of [supreme court rule 88.01] section 452.340, RSMo, and applicable supreme court rules, the court shall approve the order.

     Section 1. 1. By January 1, 1999, every judicial circuit in the state shall establish a mediation process in compliance with supreme court rule in which parties with children, shall meet with each other and a professional mediator to attempt to resolve the issues in dispute in the parenting plan.

     2. The mediators provided for in subsection 1 of this section shall not be limited to persons trained in law, but may include persons trained in child psychology and other appropriate sciences. Such mediators will assist the parties in identifying their differences and planning for the best interest of their children before seeking a judicial remedy. The court may exempt any party from the mandatory mediation process provided by supreme court rule if there is evidence of domestic violence or abuse, as defined in sections 455.010 and 455.501, RSMo.

     Section 2. No person shall willfully and intentionally make a false claim of delinquent child support. Any person who violates the provisions of this section is guilty of a class A misdemeanor.

     Section 3. In a proceeding for the dissolution of marriage, legal separation or child support, the court may, after considering all relevant factors, determine which parent may claim the children as tax dependents. If the court determines that the parent not otherwise entitled to the deduction pursuant to federal or state law shall receive the deduction, the court shall include the determination in an order of dissolution, separation or modification. Such determination shall not be contrary to federal or state law on tax dependency and shall not be considered as an award of child support so as to require a finding that the guidelines pursuant to section 452.340, RSMo, are unjust or inappropriate.