455.060. Modification of orders, when--termination--appeal--custody of children, may not be changed, when.

MISSOURI STATUTES AND CODES

455.060. Modification of orders, when--termination--appeal--custody of children, may not be changed, when.

Modification of orders, when--termination--appeal--custody ofchildren, may not be changed, when.

455.060. 1. After notice and hearing, the court may modify an orderof protection at any time, upon subsequent motion filed by the guardian adlitem, the court-appointed special advocate or by either party togetherwith an affidavit showing a change in circumstances sufficient to warrantthe modification. All full orders of protection shall be final orders andappealable and shall be for a fixed period of time as provided in section455.040.

2. Any order for child support, custody, temporary custody,visitation or maintenance entered under sections 455.010 to 455.085 shallterminate prior to the time fixed in the order upon the issuance of asubsequent order pursuant to chapter 452, RSMo, or any other Missouristatute.

3. No order entered pursuant to sections 455.010 to 455.085 shall beres judicata to any subsequent proceeding, including, but not limited to,any action brought under chapter 452, RSMo, 1978 as amended.

4. All provisions of an order of protection shall terminate uponentry of a decree of dissolution of marriage or legal separation except asto those provisions which require the respondent to participate in acourt-approved counseling program or enjoin the respondent from abusing,molesting, stalking or disturbing the peace of the petitioner and whichenjoin the respondent from entering the premises of the dwelling unit ofthe petitioner as described in the order of protection when the petitionercontinues to reside in that dwelling unit unless the respondent is awardedpossession of the dwelling unit pursuant to a decree of dissolution ofmarriage or legal separation.

5. Any order of protection or order for child support, custody,temporary custody, visitation or maintenance entered under sections 455.010to 455.085 shall terminate upon the filing of a motion to terminate theorder of protection by the petitioner; except that, in cases where theorder grants custody of a minor child to the respondent, the order shallterminate only upon consent of both parties or upon the respondent'sfailure to object within ten days of receiving the petitioner's notice ofthe filing of the motion to dismiss. If the respondent timely objects tothe dismissal, the court shall set the motion to dismiss for hearing andboth parties shall have an opportunity to be heard.

6. The order of protection may not change the custody of childrenwhen an action for dissolution of marriage has been filed or the custodyhas previously been awarded by a court of competent jurisdiction.