Court no longer had jurisdiction over custody case

The uncertain circumstances surrounding a court's decision in a custody battle have driven many courts to formulate creative remedies to protect the child's interests, but some of these remedies abuse the power of the circuit courts. The Missouri Court of Appeals for the Western District reversed one such case last week.

One attempted remedy is the court's requirement that all parties would have to reappear before the circuit court after a given amount of time, following specific events that may change the living circumstances of the child. The Missouri Supreme Court decided in Lacher v. Lacher (Mo. banc 1990) that this is improper.

In that case, Mr. Lacher was unemployed at the time the dissolution decree was entered. The circuit determined it had jurisdiction over the case for six months after the original decree was entered and could alter the amounts of child support and maintenance should Mr. Lacher have found a job. The Supreme Court found the original dissolution decree was final, and that the circuit court did not retain jurisdiction after it entered its decision, whether or not Mr. Lacher found employment.

"Where there is nothing left to adjudicate & the judgment of the trial court is final and appealable," Judge Joseph M. Ellis wrote for the appellate court.

The case at bar was similar in that the circuit court awarded joint legal and physical custody of one child to parents Kara Leigh Holifield and Brian Dewayne Holifield. In its decree, the court also ordered the parents to participate in counseling for parenting and communication skills and for a mental health evaluation. The court stated it would review its decree following the doctor's evaluation.

Four months after the court's order was filed, the child's maternal grandparents, Jeffrey and Teresa Gibson, filed a motion to seek custody of the child. The circuit court determined it had retained jurisdiction in the matter through its original decree, reviewed the case and awarded custody to the grandparents in an amended judgment.

In Lacher, the Supreme Court acknowledged the desire of the courts to protect the interests of the children, but determined orders that require the parties to reappear when specific events occur "improperly expand the trial court's jurisdiction."

Since the circuit court entered a judgment that made a specific award of child support in Holifield, the appellate court determined the decision was final and appealable. The appellate court determined the circuit court had improperly expanded its jurisdiction, and remanded the case.

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