Offered March 27, 1997.

Senate Substitute No. 3 adopted, March 27, 1997.

Taken up for Perfection March 27, 1997. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S0101.10P

To repeal sections 452.150, 452.355, 452.370, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.496 RSMo 1994, and sections 452.340, 452.375 and 452.400, RSMo Supp. 1996, relating to child custody and child support proceedings, and to enact in lieu thereof fifteen new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 452.150, 452.355, 452.370, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.496 RSMo 1994, and sections 452.340, 452.375 and 452.400, RSMo Supp. 1996, are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 452.150, 452.340, 452.355, 452.370, 452.375, 452.377, 452.400, 452.401, 452.405, 452.411, 452.416, 452.600, 452.605, 454.496 and 1 to read as follows:

     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 and child support.

     452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for his support, including an award 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 educational needs; and

     (5) 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, or the court or administrative body may order the other parent to pay child support, during periods of visitation or temporary physical custody in excess of thirty days. In [an] a IV-D case, the division of child support enforcement may determine the amount of the abatement under 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. 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. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

     5. If when a child reaches age eighteen, he is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue until the child completes such program or reaches age twenty-one, whichever first occurs. 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] enrolls for and completes at least ten hours of classes each term at an [such] institution of vocational or higher education and achieves grades sufficient to re-enroll at such institution, the parental support obligation shall continue until the child completes his 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.

     6. 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 except for cases where the court specifically finds to the contrary. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any future obligation of support [or] and may transfer the physical and legal or physical or legal custody of one or more children if it finds[:

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

     (2) That the noncustodial parent seeking relief 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] expenses, attorney's fees and court costs incurred by [to] the prevailing party.

     7. Not later than October 13, 1989, 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 guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. By July 1, 1996, the guidelines shall address how the amount of child support [should] shall be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. Not later than July 1, 1998, the child support guidelines shall:

     (1) Be adjusted by the supreme court and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines including but not limited to how much visitation or temporary physical custody the parent ordered to pay child support is assumed to have; and

     (2) Be adjusted by the supreme court to show how all federal and state tax deductions, exemptions and credits associated with the child shall be awarded and apportioned between the parents.

Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every [four] three years to ensure that its application results in the determination of appropriate child support award amounts.

     8. Beginning October 13, 1989, there shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection 7 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 if requested by a party 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 this or any other chapter, when a court determines the amount owed by a parent for support provided to his 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 subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established under subsection 7 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 subsection 7 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 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.

     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 name.

     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.

     452.370. 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.

     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, plus interest, 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 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 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.

     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 physical and legal custody 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 physical and legal or physical or legal custody;

     (2) The wishes of a child as to his physical and legal or physical or legal custodian;

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

     (4) The child's adjustment to his 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 physical and legal or physical or legal custody to the abusive parent is in the best [interest] interests of the child, then the court shall enter written findings of fact and conclusions of law. Physical and legal or physical or legal custody and visitation rights 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] that parent's residence outside the state or more than fifty miles from the current residence of the child; and

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

     3. The court shall not award physical and legal or physical or legal 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 physical and legal or physical or legal 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 as follows] Physical and legal custody shall be awarded in the best interests of the child as follows:

     (1) Joint physical and joint legal custody to both parents, which shall be a rebuttable legal presumption and which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award. The burden of coming forward with evidence that joint physical and joint legal custody is not in the best interests of the child shall be upon the parent opposing an award of joint physical and joint legal custody. In the event the court finds that an award of joint physical and joint legal custody is not in the child's best interests, the court shall enter a written finding detailing the specific relevant factors that made an award of joint physical and joint legal custody not in the child's best interests and shall specify the custodial arrangements which the court finds are in the child's best interests;

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

     (3) Third party physical and legal or physical or legal custody or visitation:

     (a) When the court finds that each parent is unfit, unsuitable, or unable to be a physical and legal or physical or legal 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 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 to a third person under this subdivision, the court shall make that person a party to the action;

     (b) Under 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 legal 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 to 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 physical and legal or physical or legal custody because of that parent's age[, sex,] or financial status, nor because of the age or sex of the child. As between the parents of a child, no preference may be given to either parent in the awarding of physical and legal or physical or legal custody because of that parent's sex unless that parent's sex has been changed since the birth of the child, in which case preference is given to the other parent.

     8. Any decree providing for joint physical and joint legal custody or joint physical or joint legal custody shall include a specific written 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 include a provision for mediation of disputes. In all cases, the joint custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interests of the child.

     9. Unless [a noncustodial] the parent without physical custody has been denied visitation rights under 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] such parent [because the parent is not the child's custodial parent]. If [a noncustodial] the parent without physical custody has been granted restricted or supervised visitation because the court has found that the [custodial] parent with physical custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the [noncustodial] parent without physical custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the [custodial] parent with physical custody 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 physical and joint legal custody or joint physical or joint legal custody does not preclude an award of child support pursuant to section 452.340 and applicable supreme court rules. The court shall consider the factors contained in section 452.340 and applicable supreme court rules in determining an amount reasonable or necessary for the support of the child.

     12. If the court finds that domestic violence has occurred, the court shall make specific findings of fact to show that the physical and legal or physical or legal custody or visitation 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 from any further harm.

     13. A non-custodial parent, grandparent or great grandparent who was convicted of an illegal sex act under chapter 566 or 568.020 RSMo, against a victim under the age of eighteen (18) shall not be allowed 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. In any court proceeding regarding the physical and legal custody of a child, the court shall not make a custody determination based upon the choice of education chosen for such child by the child's custodial parent or parents or legal guardian.

     The court shall not order the custodial parent or guardian to enroll the child in any school other than the school chosen by such custodial parent or legal guardian in compliance with state law.

     452.377. A person entitled to the custody of a child shall not [change] relocate the residence of the child to another state, or remove the child from this state for a period of time exceeding ninety days, or relocate the residence of the child more than fifty miles from the current residence of the child except upon order of the court or with the written consent of the [parties] persons with physical and legal or physical or legal custody or visitation rights. Where [the noncustodial] a person has been given physical and legal or physical or legal custody or visitation rights by the custody decree, such court permission may be granted only after notice to the person having [visitation] such rights and after opportunity for hearing. When addressing the issue of relocation, the court shall consider all relevant factors including but not limited to whether the relocation will unreasonably interfere with any person's physical and legal or physical or legal custody or visitation rights and the economic and psychological impact the relocation will have on the child and all persons who have physical and legal or physical or legal custody or visitation rights. Violation of the provisions of this section or a court order under this section [may] shall be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree.

     452.400. 1. A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his emotional development. [The court shall define the noncustodial parent's visitation periods in detail at the request of either party.] The court shall enter an order specifically detailing the visitation or temporary physical custody rights of the parent without physical custody. Such order shall include a provision that the sheriff or other law enforcement officer shall enforce the rights of either parent to custody or visitation, as the case may be, unless the court issues a subsequent order pursuant to chapters 210, 211 or 455, RSMo, to limit or deny either parent's access to the child. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child. The court shall not grant visitation to the 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 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 visitation 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 arrangements made 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 whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his emotional development. When a court restricts a parent's visitation rights or when a court orders supervised visitation 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 may be ordered. "Supervised visitation", as used in this section, is visitation 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 been granted visitation rights or physical and legal or physical or legal custody rights, and such rights are denied or interfered with by the other parent, the [noncustodial] parent having visitation or physical and legal or physical or legal custody rights may file a motion for contempt[.] or enforcement if the sheriff or other law enforcement officer fails to enforce an order pursuant to subsection 1 of this section. 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 this motion for enforcement or contempt shall be the standard court cost for such a filing plus a twenty-five dollar pro se fee. Upon filing the motion, the presiding judge shall immediately assign a circuit, associate circuit, or family court judge or commissioner to hear the motion.

     4. The assigned court, upon good cause shown, shall immediately issue an order to show cause, unless there is a pending motion alleging that the enforcement of the existing order will endanger the child's physical health or impair the child's emotional development, and shall set a time and place for hearing on the order to show cause which shall not be more than fourteen days after the service of the motion and order to show cause.

     5. Upon a finding by the court that its order for visitation or physical and legal or physical or legal custody has not been complied with, without good cause, the court shall [define the noncustodial parent's visitation in detail and shall exercise its discretion in providing] specifically detail each parent's visitation and physical and legal or physical or legal custody rights. The court shall also provide a remedy, which shall include, but not be limited to, a compensatory period of visitation or [temporary] physical custody at a time convenient for the [noncustodial] parent denied visitation or physical custody not less than the period of time denied, together with a mandatory judgment in an amount not less than the reasonable expenses, attorneys fees and court costs actually incurred by the [noncustodial] parent as a result of the denial of visitation or physical and legal or physical or legal custody.

     [4.] 6. The reasonable expenses, attorney's fees and court costs of a proceeding to enforce visitation or physical and legal or physical or legal custody rights shall be assessed against the parent who [unreasonably], without good cause, denies or interferes with visitation or physical and legal or physical or legal custody. In addition, the court [may] shall utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

     7. In no case shall final disposition of a motion filed pursuant to this section take place more than thirty days after the service of such motion. Final disposition shall not include appellate review.

     8. The intentional withholding of visitation 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 twenty-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. Such fee shall be forwarded monthly by each clerk of the court to the state director of revenue, and the fees so forwarded shall be deposited by the director of revenue in the state treasury into the Missouri family access fund as designated in subsection 2 of this section.

     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 devoted to the payment of expenditures associated with the review of child support guidelines and to costs associated with the increase in new causes of actions involving custody and visitation issues.

     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 in writing at the time of the custody decree, the legal custodian may determine the child's upbringing, including his 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 way as to detrimentally impact the other parent's visitation or physical and legal or physical or legal custody rights.

     [2.] 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 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 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 child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. 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 child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. 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.

     452.600. 1. The circuit courts [of the fifth, sixth, twenty-third, twenty-ninth, thirtieth, thirty-first and thirty-eighth judicial circuits], by local rule, [may] shall establish a program of educational sessions for parties to actions for dissolution of marriage or in postjudgment proceedings involving custody or support, concerning the effects of dissolution of marriage on minor children of the marriage. 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.

     2. By July 1, 1998, the Missouri supreme court shall have in effect guidelines for the program of educational sessions. The reasonable expenses of the educational sessions shall be paid by the parties.

     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 the 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 parties have stipulated to the legal and physical custody of the child or where the safety of a party or child may be endangered by attending the educational sessions.

     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] section 452.340 and applicable supreme court [rule 88.01] rules. If it so determines, the court shall make a written finding on the record that the order complies with [the provisions of] section 452.340 and applicable supreme court [rule 88.01] 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 section 452.340 and applicable supreme court [rule 88.01] 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 section 452.340 and applicable supreme court [rule 88.01] rules, the court shall approve the order.

     Section 1. 1. Notwithstanding the provisions of subsection 1 of section 452.455, RSMo, or subsection 6 of section 452.370, RSMo, to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding. The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:

     (1) Place of residence of the parties;

     (2) Location of witnesses; and

     (3) The availability to either party of another, more convenient court with jurisdiction.

     2. A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made upon the court's own motion or upon the motion of either party to the proceeding.