452.880. Hearing and order.

MISSOURI STATUTES AND CODES

Hearing and order.

452.880. 1. Unless the court enters a temporary emergency orderunder section 452.755, upon a finding that a petitioner is entitled to thephysical custody of the child immediately, the court shall order the childdelivered to the petitioner unless the respondent establishes that:

(1) The child custody determination has not been registered andconfirmed under section 452.810, and that:

(a) The issuing court did not have jurisdiction under sections452.740 to 452.845;

(b) The child custody determination for which enforcement is soughthas been vacated, stayed or modified by a court of a state havingjurisdiction to do so under sections 452.740 to 452.845 or federal law; or

(c) The respondent was entitled to notice, but notice was not givenin accordance with the standards of section 452.762 in the proceedingsbefore the court that issued the order for which enforcement is sought; or

(2) The child custody determination for which enforcement is soughtwas registered and confirmed under section 452.810, but has been vacated,stayed or modified by a court of a state having jurisdiction to do so undersections 452.740 to 452.845 or federal law.

2. The court shall award the fees, costs and expenses authorizedunder section 452.890 and may grant additional relief, including a requestfor the assistance of law enforcement officials, and set a further hearingto determine if additional relief is appropriate.

3. If a party called to testify refuses to answer on the grounds thatthe testimony may be self-incriminating, the court may draw an adverseinference from such refusal.

4. A privilege against disclosure of communications between spousesand a defense of immunity based on the relationship of husband and wife, orparent and child shall not be invoked in a proceeding under sections452.850 to 452.915.