Interest of Bell v. Bell

682 S.W.2d 892, 1984 Mo. App. LEXIS 4226
CourtMissouri Court of Appeals
DecidedDecember 18, 1984
DocketNo. WD 35798
StatusPublished
Cited by5 cases

This text of 682 S.W.2d 892 (Interest of Bell v. Bell) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Interest of Bell v. Bell, 682 S.W.2d 892, 1984 Mo. App. LEXIS 4226 (Mo. Ct. App. 1984).

Opinion

MANFORD, Judge.

This appeal follows the entry of a circuit court judgment in the form of an order denying registration of a foreign judgment. The judgment is affirmed.

While formally a sole point is presented generally charging that the circuit court erred in denying registration of a foreign judgment, there is to be found within that generally charged error two specific issues which allegedly support the error charged. These are (1) that Kansas was the proper legal forum for litigation of the issue of custody of the minor child under the Uniform Child Custody Jurisdiction Act (UCCJA) and (2) .that the Kansas decree should be accorded full faith and credit.

In summary, the facts are as follows. Ronda and Kevin Bell were married in October, 1979. They are the natural parents of minor Michael Bell, born in August, 1980. The Bells generally lived in Missouri. In April, 1981, the marriage was dissolved in Ray County, Missouri, custody of Michael was awarded Ronda, and Kevin Bell was granted visitation. In April, 1982, Ronda, along with the minor Michael, moved to Atchison, Kansas. On November 11, 1983, Rhonda Bell was murdered. The details of her death are not disclosed upon this record and do not pertain to the disposition of this appeal. At the precise time of her death, the minor Michael, in accordance with the grant of visitation, was with his father, respondent Kevin Bell. Kevin Bell had continued his residency in Missouri. Subsequent to the death of Ronda, the minor Michael remained with his father, Kevin Bell.

On November 18, 1983, the maternal grandparents of Michael Bell, Glenda and Duane Foster, filed an action seeking custody of the minor, Michael Bell, in the District Court of Atchison County, Kansas. On the same day (November 18, 1983), Kevin Bell filed a motion to modify the dissolution decree to affix custody of Michael in Kevin Bell. This motion was filed in the circuit court of Ray County, Missouri. Kevin Bell was personally served in the Kansas proceedings on December 23, 1983. On the day before service (December 23, 1983), an attorney for Kevin Bell, by letter, advised the Kansas District Court of Kevin Bell’s refusal to enter any appearance in the Kansas proceedings. On January 11, 1984, the Kansas District Court ordered custody of Michael to appellants, Glenda and Duane Foster. On January 19, 1984, appellants filed the Kansas judgment with the circuit clerk of Ray County, Missouri. On the 15th day of March, 1984, the circuit court of Ray County, Missouri entered its order judgment, finding that the Kansas judgment was not final relative to the custody of the minor, Michael and that the Kansas judgment was thus not recognized, and denied appellant’s petition for the registration of the foreign (Kansas) judgment. This appeal followed.

The disposition of this matter turns upon the consideration of the Uniform Child Custody Jurisdiction Act. Missouri has adopted the UCCJA and the provisions of same are found in §§ 452.440-452.550, RSMo 1978. For reference, the adoption of the UCCJA by Kansas is to be found in § 38-1301-1335 K.S.A. (1983 Supp.).

[894]*894Attention is now directed to point (1) above, charging that Kansas was the proper legal forum under the UCCJA.

Since adoption of the UCCJA, “Missouri courts are required under § 452.500, RSMo 1978 to recognize and enforce a custody decree of a court of another state if the other state ‘had assumed jurisdiction under statutory provisions substantially in accordance with § 452.440 to § 452.550’, or if the decree of the other state ‘was made under factual circumstances meeting the jurisdictional standards of § 452.440 to § 452.550...” Kilgore v. Kilgore, 666 S.W.2d 923 (Mo.App.1984). In Kilgore, this court noted that neither the pleadings nor the decree of the Texas court asserted facts that the Texas court assumed jurisdiction under the statutory provisions of § 452.410-§ 452.550, nor was there anything to indicate that the decree issued under factual circumstances meeting jurisdictional standards of those statutory provisions. Under such findings, this court ruled that Missouri courts are not required to recognize and enforce foreign decrees. This court denied the sought-after relief in Kilgore.

The petition of appellants filed in the Kansas District Court and the decree of that court have been reviewed. The petition fails to set forth facts which would indicate jurisdiction of the Kansas Court. In addition, the decree of the Kansas court merely asserts that that court has jurisdiction over the parties and the subject matter and fails to assert either statutory authority or a factual basis for its jurisdiction. Hence, this matter is subject to the ruling in Kilgore.

Furthermore, Kansas should not have accepted jurisdiction. “The jurisdictional requirements of the UCCJA are designed to increase the probability that a custody decision will be in the best interests of the child by providing that custody be decided in the court with the greatest access to relevant information.” In Re B.R.F., 669 S.W.2d 240, 246 (Mo.App.1984). Section 452.450.1 prescribes four bases for jurisdiction to obtain custody of a child.

452.450. Jurisdiction

1. A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:

(1) This state:
(a) Is the home state of the child at the time of commencement of the proceeding; or
(b) Had been the child’s home state within six months before commencement of the proceeding and the child is absent from this state for any reason, and a parent or person acting as parent continues to live in this state; or
(2) It is in the best interest of the child that a court of this state assume jurisdiction because;
(a) The child and his parents, or the child and at least one litigant, have a significant connection with this state; and
(b) There is available in this state substantial evidence concerning the child’s present or future care, protection, training, and personal relationships; or
(8) The child is physically present in this state and:
(a) The child has been abandoned; or
(b) It is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse, or is otherwise being neglected; or
(4) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with subdivision (1), (2), or (3), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction.
2. Except as provided in subdivisions (3)and (4) of subsection 1 of this section, physical presence of the child, or of the child and one of the litigants, in this state is not sufficient alone to confer jurisdiction on a court of this state to make a child custody determination.
[895]*8953.

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Bluebook (online)
682 S.W.2d 892, 1984 Mo. App. LEXIS 4226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interest-of-bell-v-bell-moctapp-1984.