452.600. The circuit courts, by local rule, shall establish a
program of educational sessions for parties to actions for dissolution
of marriage or in postjudgment proceedings involving custody or support, concerning the
effects of dissolution of marriage on
minor children of the marriage, and the benefits of alternative dispute resolution,
including mediation. In lieu of establishing such
a program, the circuit court may, by local rule, designate a similar program of
educational sessions offered by a private or
public entity.
452.605. In an action for dissolution of marriage or legal
separation involving minor children, or in a postjudgment proceeding
wherein custody of minor children is to be determined by the court, the court shall,
except for good cause, unless otherwise
provided by local rule, order the parties to attend educational sessions concerning the
effects of custody and the dissolution of
marriage on children. As used in this section "good cause" includes, but is not
limited to, situations where the parties have
stipulated to the custody and visitation of the child, or a finding by a court with
jurisdiction after all parties have received notice
and an opportunity to be heard that the safety of a party or child may be endangered by
attending the educational sessions. The
court may order the minor children to attend age-appropriate educational sessions.
452.610. The fees or costs of educational sessions under
sections 452.600 to 452.610 shall be less than seventy-five dollars
per person and shall be borne by the parties as deemed equitable.
452.372. 1. When a person files a petition for dissolution
of marriage or legal separation and the custody or visitation of a
minor child is involved, the court shall order all parties to the action to attend
educational sessions pursuant to section 452.605.
Parties to a modification proceeding who previously have attended educational sessions
pursuant to section 452.605 may also
be required to attend such educational sessions.
2. In cases involving custody or visitation issues, the court may, except for good cause
shown or as provided in subsection 3 of
this section, order the parties to the action to participate in an alternative dispute
resolution program pursuant to supreme court
rule to resolve any issues in dispute or may set a hearing on the matter. As used in this
section, "good cause" includes, but is not
limited to, uncontested custody or temporary physical custody cases, or a finding of
domestic violence or abuse as determined
by a court with jurisdiction after all parties have received notice and an opportunity to
be heard, but does not mean the absence
of qualified mediators.
3. Any alternative dispute resolution program ordered by the court pursuant to this
section may be paid for by the parties in a
proportion to be determined by the court, the cost of which shall be reasonable and
customary for the circuit in which the
program is ordered, and shall:
(1) Not be binding on the parties;
(2) Not be ordered or used for contempt proceedings;
(3) Not be ordered or utilized for child support issues; and
(4) Not be used to modify a prior order of the court, except by agreement of the parties.
4. Within one hundred twenty days after August 28, 1998, the Missouri supreme court shall
have a rule in effect allowing, but
not requiring, each circuit to establish an alternative dispute resolution program for
proceedings involving issues of custody and
temporary physical custody relating to the child.