Section 24.26 Contempt and Habeas Corpus

• Library: Family Law Deskbook and 2014 Supp

A. (§24.26) Contempt and Habeas Corpus

When a parent seeks to enforce the terms of a custody order, contempt proceedings and habeas corpus are the primary methods utilized. Litigants pursue a judgment of contempt in a variety of situations. For example, in In re Marriage of P.K.A., 725 S.W.2d 78 (Mo. App. S.D. 1987), a contempt case for a wife’s alleged failure to abide by her ex-husband’s visitation rights, the trial court had jurisdiction, without a motion to modify, to modify his rights (here, restricted them) because the husband, by initiating a contempt proceeding, put the issue of child custody before the court. Also, in Casper v. Casper, 792 S.W.2d 676 (Mo. App. W.D. 1990), the court of appeals affirmed a contempt order against an ex-husband who failed to deliver his children for court-ordered periods of visitation on a number of...