Section 33 Custody and Visitation

• Library: Remedies 2006

Custody and visitation provisions of a decree may be enforced through civil contempt proceedings, and a custodial parent may be committed to jail until there is compliance with these provisions, but the decree must contain a mandatory or prohibitive order and describe definitely what is or is not to be done. State ex rel. Rosener v. Lasky, 552 S.W.2d 728 (Mo. App. E.D. 1977); In re Marriage of Morriss, 573 S.W.2d 101 (Mo. App. W.D. 1978). In addition, it must be shown that the parent’s disobedience of the court’s decree was willful and intentional. S.L.J. v. R.J., 778 S.W.2d 239 (Mo. App. E.D. 1989); Shanks v. Shanks, 603 S.W.2d 46 (Mo. App. W.D. 1980).

A custodial parent’s violation of a custody order may furnish cause for a contempt citation if there was an actual violation of the court’s order and either:

• the alleged contemnor was able to comply with...