Missouri Statute | Act | Code |Courts| US Code - US Statute

1. There is hereby created in the circuit court of the following
judicial circuits of the state, a division or divisions to be designated
as provided in sections 487.010 to 487.190, which shall be the family
court:

(1) Circuit number seven, consisting of the county of Clay;

(2) Circuit number thirteen, consisting of Callaway and Boone;

(3) Circuit number sixteen, consisting of the county of Jackson;

(4) Circuit number twenty-one, consisting of the county of St. Louis;

(5) Circuit number twenty-two, consisting of the city of St. Louis;

(6) Circuit number thirty-one, consisting of the county of Greene; and

(7) Any other circuit which chooses, by local court rule, to have a
family court as provided in sections 487.010 to 487.190.

2. The majority of the circuit judges and associate circuit judges en
banc, in the circuit, may designate, by local court rule, a family court
in a county in the circuit as provided in sections 487.010 to 487.190.

3. The presiding judge of each circuit where the circuit or a county in
the circuit has a family court shall designate the division or divisions
of the circuit court that shall be the family court. In those circuits
with split venue, a division shall be designated in each venue.

4. In each circuit having more than one division designated as the family
court, the presiding judge shall designate from the divisions so
designated an administrative judge of the family court.

5. In any circuit with a county with split venue, there shall be at least
one circuit judge assigned to the family court for each block of one
hundred sixty thousand persons, or portion of such block, based upon the
latest decennial national census.

6. Notwithstanding any other provision of this chapter to the contrary,
the judges of the court en banc may remove a judge from his duties as a
family court judge and may assign a new judge to sit as the family court
judge. (L. 1993 H.B. 346 § 1, A.L. 1995 S.B. 347)

1. In each circuit or a county having a family court, a majority
of the circuit and associate circuit judges en banc, in the circuit, may
appoint commissioners, subject to appropriations, to hear family court
cases and make findings as provided for in sections 487.010 to 487.190.
Any person serving as a commissioner of the juvenile division of the
circuit court on August 28, 1993, shall become a commissioner of the
family court. In each circuit or a county therein having a family court,
a majority of the circuit and associate circuit judges en banc may
appoint, in addition to those commissioners serving as commissioners of
the juvenile division and becoming commissioners of the family court
pursuant to the provisions of sections 487.020 to 487.040, no more than
three additional commissioners to hear family court cases and make
findings and recommendations as provided in sections 487.010 to 487.190.
The number of additional commissioners added as a result of the
provisions of sections 487.010 to 487.190 may be appointed only to the
extent that the state is reimbursed for the salaries of the commissioners
as provided in sections 487.010 to 487.190 or by federal or county funds
or by gifts or grants made for such purposes. A commissioner shall be
appointed for a term of four years. Commissioners appointed pursuant to
sections 487.020 to 487.040 shall serve in addition to circuit judges,
associate circuit court judges and commissioners authorized to hear
actions classified under section 487.080.

2. The circuit court in the eleventh judicial circuit may, in
substitution of a family court commissioner currently appointed pursuant
to this section whose salary is reimbursable, appoint one family court
commissioner whose compensation shall be payable by the state without
necessity of reimbursement. The provisions of this subsection shall not
be construed to allow appointment of a family court commissioner in
addition to the number of such family court commissioners holding office
in the eleventh judicial circuit as of January 1, 1999, and the
appointment of the state-paid commissioner shall be subject to
appropriations for such purpose.

3. Each commissioner of the family court shall possess the same
qualifications as a circuit judge. The compensation and retirement
benefits of each commissioner shall be the same as that of an associate
circuit judge, payable in the same manner and from the same source as
that of an associate circuit judge. (L. 1993 H.B. 346 § 2 subsecs. 1, 2,
A.L. 1995 S.B. 347, A.L. 1999 S.B. 1, et al.)

1. The findings and recommendations of the commissioner shall
become the judgment of the court when adopted and confirmed by an order
of a circuit or an associate circuit judge. Notice of the findings and
recommendations of the commissioner, together with a statement relative
to the right to file a motion for rehearing, shall be given to the
parties whose case has been heard by the commissioner, and to any other
person that the court may direct. This notice may be given at the
hearing, or by mail or other service directed by the court.

2. The parties to a cause of action heard by a commissioner are entitled
to file with the court a motion for a hearing by a judge of the family
court either within fifteen days after receiving notice of the findings
of the commissioner at the hearing, or within fifteen days after the
mailing, or within fifteen days after other service directed by the
court. In cases in which the family court has jurisdiction pursuant to
subdivision (1) of subsection 1 of section 211.031, RSMo, the juvenile
officer, in addition to the parties listed above, is also entitled to
file with the court a motion for a hearing by a judge of the family court
within fifteen days after receiving notice of the findings of the
commissioner. The judge shall promptly rule on such motion and, in his
discretion, may either sustain or deny the motion, and if the motion is
sustained, the judge shall set a date for a hearing. If the motion for
rehearing is not ruled on within forty-five days after the motion is
filed, it is denied for all purposes. In computing the forty-five days,
no day shall be counted during which the court lacks power to act because
of an order of a superior court. (L. 1993 H.B. 346 § 2 subsecs. 3, 4,
A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 1998 S.B. 910)

(1998) A commissioner does not have judicial power to enter a final
judgment. Slay v. Slay, 965 S.W.2d 845 (Mo.banc).

(1998) Failure to timely request review of circuit judge waives objection
to commissioner's authority, findings and legal conclusions. conclusions.
State ex rel. York v. Daugherty, 969 S.W.2d 223 (Mo.banc).

(1999) Default denial of motion for rehearing violates Article V, Section
18 of the Missouri Constitution and is unconstitutional. Fowler v.
Fowler, 984 S.W.2d 508 (Mo.banc).

1. The administrative judge of the family court, or in circuits
or counties which have a family court pursuant to subsection 2 of section
487.010 having one judge sitting as family court judge, the judge of the
family court may direct that any case or class of cases may be heard by
the commissioner in the manner provided for hearing of cases by law.

2. The circuit and associate circuit judges en banc may designate by
order the location within the geographical jurisdiction of the court
where the commissioners shall conduct hearings, provided, in circuits
with split venue, one or more commissioners shall be assigned and shall
conduct hearings in each venue with the exception of proceedings brought
pursuant to the provisions of chapter 210, RSMo, or chapter 211, RSMo.
(L. 1993 H.B. 346 § 2 subsecs. 5, 6, A.L. 1995 S.B. 347)

1. To the extent feasible, judges designated as family court
judges and the commissioners appointed under sections 487.020 to 487.040
shall be those who:

(1) Desire to be so assigned;

(2) Have the temperament necessary to deal properly with cases that come
before the family court;

(3) Have completed, or within six months after designation or appointment
complete, a course of training in family law;

(4) Attend annual continuing education courses to further training in
family issues and law.

2. The qualifications contained in this section of any person designated
as family court judge or appointed commissioner shall be reviewable
within the superintending control vested in the supreme court and the
districts of the court of appeals by article V, section 4 of the
Constitution of Missouri.

3. The commissioners shall act at all times in a manner befitting a
member of the bench. The commissioner shall devote full time to the
duties of commissioner and shall not engage in the private practice of
law.

4. A commissioner may be removed from office during a term by a majority
of the circuit and associate circuit judges en banc upon proof at a
hearing before such judges of crime, misconduct, habitual drunkenness,
willful neglect of duty, corruption in office, incompetency or any
offense involving moral turpitude or oppression in office or
unsatisfactory performance of duties.

5. Judges designated as family court judges shall serve in such capacity
for a term of four years unless such judge's term is either extended at
such family court judge's option or shortened with the agreement of the
family court judge and the presiding judge. (L. 1993 H.B. 346 § 3)

1. In each circuit having a family court, on approval of the
majority of the circuit judges and associate circuit judges en banc, the
court may employ a person to perform the functions of a family court
administrator.

2. The family court administrator shall serve the function of
administering the support services of the family court, provided the
responsibilities and duties of the circuit clerks and the court
administrators shall continue to be performed by the circuit clerk or
court administrator currently vested with those responsibilities and
duties. The duties of the family court administrator may include the
following:

(1) To contract for or employ other personnel, including clinical
psychologists, social workers, mediators, support enforcement staff and a
legal staff;

(2) To oversee, supervise and administer the services of the family
court, such as the ordering and preparation of home studies, mediation
services, psychological services and counseling;

(3) To enter into cooperative agreements with other circuits for various
court services and facilities, with the prior approval of the circuit and
associate circuit judges en banc in the respective circuits. This section
shall allow family court administrators, where it is efficient, to join
together with other circuits that have a family court to contract for
common facilities, such as detention facilities or other services for the
efficient operation of the family court.

3. The salaries and benefits of personnel transferred into the family
court pursuant to the provisions of sections 487.180 and 487.190 shall be
funded according to the provisions of sections 487.180 and 487.190. (L.
1993 H.B. 346 § 4)

Proceedings in the family court may be in camera as directed by
a judge of the family court. However, proceedings in the family court for
cases brought under sections 210.817 to 210.852, RSMo, shall continue to
be conducted pursuant to the provisions of sections 210.817 to 210.852,
RSMo, and proceedings under chapter 211, RSMo, shall continue to be
confidential as provided in chapter 211, RSMo. (L. 1993 H.B. 346 § 5)

Except as provided in section 487.130 and, notwithstanding any
other provision of law to the contrary, the family court shall have
exclusive original jurisdiction to hear and determine the following
matters:

(1) All actions or proceedings governed by chapter 452, RSMo, including
but not limited to dissolution of marriage, legal separation, separate
maintenance, child custody and modification actions;

(2) Actions for annulment of marriage;

(3) Adoption actions and all actions and proceedings conducted pursuant
to the provisions of chapter 453, RSMo;

(4) Juvenile proceedings and all actions as provided for in chapter 211,
RSMo;

(5) Actions to establish the parent and child relationship, except
actions to establish a person as an heir, devisee or trust beneficiary,
and all actions provided for in chapter 210, RSMo;

(6) Actions for determination of support duties and for enforcement of
support, including actions under the uniform reciprocal enforcement of
support act and actions provided for in chapter 454, RSMo. Family court
personnel shall not duplicate any functions performed by the division of
child support enforcement or local prosecuting attorney but shall
cooperate with the division of child support enforcement or the local
prosecuting attorney;

(7) Adult abuse and child protection actions and all actions provided for
in chapter 455, RSMo;

(8) Change of name actions;

(9) Marriage license waiting period waivers under chapter 451, RSMo. (L.
1993 H.B. 346 § 6 subsec. 1)

(1998) Statute is unconstitutional to extent that it purports to limit
family courts jurisdiction to hear any matter as a division of the
circuit court. State ex rel. M.D.K. v. Dolan, 968 S.W.2d 740 (Mo.App.
E.D.).

1. In criminal actions where the defendant and the victim are
part of the same family unit, the judge of the division in which the
criminal case is pending may only transfer such case to the family court
if it is in the interests of justice to all parties, the rights of the
defendant, and the interests of the family. Such transfer shall only be
made when the judge of the division in which the criminal case is pending
and the administrative judge of the family court approve such transfer.

2. No provision of subsection 1 of this section shall abridge any of the
rights of a criminal defendant.

3. If a tort action is properly joined with any of the actions enumerated
in section 487.080, the entire action shall not be within the
jurisdiction of the family court but shall be assigned to and heard on a
civil docket unless the parties stipulate and agree in writing that the
matter may be retained in the family court.

4. The judge of the probate division may transfer a guardianship
proceeding wherein a guardian of a minor is requested under chapter 475,
RSMo, to the family court. If transferred, the family court shall have
jurisdiction over such proceeding including the appointment of a guardian
or conservator, if requested. Provided, however, upon final judgment, the
proceeding shall be transferred to the probate division for
administration. After final judgment, the judge of the probate division
shall have ongoing authority to transfer the proceeding to the family
court for additional action as may be needed to further the interests of
justice. (L. 1993 H.B. 346 § 6 subsecs. 2 to 5, A.L. 1999 S.B. 1, et al.)

In any family court case the judge or commissioner may, on the
judge's or commissioner's own motion or, at the request of a party, order
or recommend mediation, counseling or a home study. The costs of such
mediation, counseling or home study may be assessed against any party at
any time and may be taxed as court costs paid by the party against whom
costs are taxed or may be paid from the family services and justice fund
established pursuant to section 487.170*. The amount assessed for such
mediation, counseling, or home study shall be such amount as the court
determines to be reasonable under the circumstances. The party's ability
to pay shall be a consideration when such costs are assessed. (L. 1993
H.B. 346 § 6 subsec. 6, A.L. 2004 H.B. 1453)

*Transferred 2000; now 488.2300

The uniform child custody jurisdiction act, as enacted in
sections 452.440 to 452.550, RSMo, shall apply to all custody proceedings
in the family court. (L. 1993 H.B. 346 § 7)

In the event that there is an immediate need to hear a case
falling outside the exclusive original jurisdiction of the family court,
and no other judge of the circuit is available to hear the matter, the
presiding judge may assign a judge of the family court division of the
proper venue to hear such matter, subject to split venue and other
provisions of law. (L. 1993 H.B. 346 § 8)

In the event that there is an immediate need to hear a case
falling within the exclusive original jurisdiction of the family court
and no family court judge or commissioner is available to hear the
matter, then the presiding judge may assign any judge of the proper venue
in each circuit to hear such matter, subject to split venue and other
provisions of law. (L. 1993 H.B. 346 § 9)

For the purpose of obtaining the maximum allowable federal
financial participation funds, the family court of each circuit or a
county therein with the approval of the circuit and associate circuit
judges en banc may enter into a cooperative agreement with the department
of social services. (L. 1993 H.B. 346 § 10, A.L. 1995 S.B. 347)

The administrative judge of the family court, or if none, the
presiding judge of each circuit having a family court division or each
circuit having a family court division in a county in the circuit may
appoint a family court coordinating committee, which shall meet at least
quarterly and shall serve as a liaison for the professions, agencies and
organizations which utilize or provide services connected with the family
court. The committee may be comprised of the following:

(1) A family court judge, commissioner and administrator;

(2) Two members of the Missouri Bar who are actively engaged in the
practice of family law;

(3) A representative from the division of family services;

(4) A representative from the division of youth services;

(5) Two professional counselors, psychologists or psychiatrists;

(6) A representative from a local educational institution;

(7) A representative from the general public;

(8) A representative from an organized grandparents' association; and

(9) A representative from a domestic violence coalition. (L. 1993 H.B.
346 § 11, A.L. 1995 S.B. 347)

Any reference in the statutory laws of this state to the
juvenile division of the circuit court shall be deemed to include the
family court when involving matters previously within the exclusive
original jurisdiction of the juvenile division if such inclusion is not
in conflict with the provisions of sections 487.010 to 487.190. (L. 1993
H.B. 346 § 12)

In any jurisdiction that has a family court, all equipment,
property, facilities and funds of the juvenile court division as it
exists on the day prior to August 28, 1993, shall be transferred to the
family court. (L. 1993 H.B. 346 § 14 subsec. 1)

Any salary or benefits paid to an employee in a position of
employment authorized by law outside the provisions of sections 487.010
to 487.190 shall continue to be paid in the same manner and from the same
source as such personnel would have been paid if there had been no such
transfer to the family court. (L. 1993 H.B. 346 § 14 subsec. 2)

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