COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3013-02

BILL NO.: HCS for SB 722

SUBJECT: Family Access Motions May be Used to Enforce All Custody & Visitation Orders

TYPE: Original

DATE: April 11, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of State Courts Administrator (CTS) stated there may be a slight increase in the number of family access motions filed. CTS does not anticipate a significant increase in the workload of the courts.



FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0

FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This proposal repeals the current child relocation statute in its entirety and, with one minor addition, reenacts the child relocation statute as it was prior to the 1998 rewrite of the section.

The proposal requires that notice of a relocation for more than 90 days of a child or a party entitled to custody or visitation must be given to all parties with custody or visitation rights.

A custodial party cannot change the residence of a child to another state or remove the child from Missouri for more than 90 days without a court order or consent of other parties with custody or visitation rights. A non-custodial parent with visitation rights must be given notice and an opportunity to be heard. Violations of court orders under this section can be deemed a change in circumstances justifying a child custody modification.



This proposal allows family access motions to be used to enforce all custody and visitation orders.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Office of State Courts Administrator





Jeanne Jarrett, CPA

Director

April 11, 2000