Section 9.20 Generally

• Library: Family Law (2019 Supp)

A. (§9.20) Generally

The court in Abraham v. Abraham, 352 S.W.3d 617 (Mo. App. S.D. 2011), disagreed with the finding in Baxley v. Jarred, 91 S.W.3d 192 (Mo. App. W.D. 2002), and held that the notice requirement of relocation by certified mail in § 452.377, now RSMo Supp. 2018, cannot be waived and must be strictly followed by the relocating parent. Abraham, 352 S.W.3d at 619. In Abraham, the mother argued that her relocation notice was found to be in substantial compliance with § 452.377 and that, as a result, the mother had an absolute right to relocate because the father did not object by filing a motion with the court within a strictly enforced 30-day period. Abraham, 352 S.W.3d at 619.

But the court in Abraham, 352 S.W.3d 617, interpreted § 452.377 as starting the 30-day period in which a nonrelocating party can object on the date of the receipt of the certified letter from the relocating party that strictly complies with the provisions of the statute. Id. at 620. The court reasoned that to hold otherwise would cause confusion in the courts and the practicing bar as to whether a motion to prevent relocation needs to be filed and when this motion is timely filed. Id. Parents should not have to file motions to prevent relocation based on rumors of potential moves. Id.

Conversely, in Amick v. Smart, 535 S.W.3d 368 (Mo. App. S.D. 2017), the court found that the mother’s relocation notice complied with statutory requirements because, although she did not provide a specific address, that...