top of page
LEE'S SUMMIT DIVORCE ATTORNEY KIRBY MINOR FAQ
Frequently Asked Questions
EMERGENCY CUSTODY
CHILD INPUT IN CUSTODY
PSYCHOLOGICAL EVALUATIONS & MENTAL EXAMS
ASSET DIVISION
COPARENTING APPS
TRIAL
TEMPORARY ORDERS-CUSTODY & SUPPORT
FAMILY ACCESS MOTION
ALIENATION
RELOCATION
MODIFICATIONS
CONTEMPT OF COURT
ATTORNEY FEES & RETAINERS
CONSULTATION
DISCOVERY
GUARDIAN AD LITEM-GAL
RETIREMENT DIVISION
SETTLEMENT AGREEMENTS
MAINTENANCE-SPOUSAL SUPPORT
CHILD SUPPORT
MEDIATION
PARENTING PLANS
CUSTODY
NARCISSISM
PROCESS
LOCAL ADVANTAGE
A Family Access Motion (also called a Motion for Family Access or Motion to Enforce Parenting Time) is a specific legal tool in Missouri designed to quickly enforce a parent's court-ordered custody or parenting time rights when the other parent is interfering, denying, or failing to comply with the existing parenting plan. It is authorized under Missouri Revised Statute § 452.400.5 and is one of the fastest and most effective ways to address parenting time violations (such as denied visitation, blocked communication, alienation tactics, or refusal to allow make-up time). Unlike a full contempt motion, the Family Access Motion is streamlined for quicker resolution.
Key Features of a Family Access Motion
Purpose — To enforce existing parenting time rights without re-litigating custody or requiring a full modification hearing.
Who Can File — Any parent (or person with court-ordered visitation/custody rights) who is being denied access.
What It Can Address — Violations of the parenting plan, including:
Refusal to allow scheduled parenting time.
Interference with communication (calls, video, texts).
Denial of make-up time.
Blocking access to school/medical events or information.
Remedies the Court Can Order (examples from § 452.400.5):
Immediate make-up parenting time (often 1:1 or more).
Additional time to compensate for interference.
Attorney fees and court costs paid by the violating parent.
Counseling or parenting classes.
Fines or other sanctions for willful violations.
In severe/repeated cases, referral to contempt proceedings or custody modification.
Process in Jackson County (16th Judicial Circuit)
File the Motion — Submit a Family Access Motion form (available from the court or your attorney) with a supporting affidavit detailing specific violations (dates, times, how access was denied, evidence).
Service — The other parent must be served (personal service or certified mail).
Hearing — Court typically sets a hearing within 30–60 days (often faster than standard motions).
Informal evidentiary hearing — both sides present evidence (logs, texts, witnesses).
Judge determines if violations occurred and what remedy is appropriate.
Outcome — If violations are proven, court usually orders immediate relief (make-up time, fees, etc.). Repeated violations may escalate to contempt or modification.
Advantages of a Family Access Motion
Faster than full contempt or modification (designed for quick enforcement).
Lower burden than contempt in some respects (focuses on access denial rather than proving "willful" intent for jail).
Can be filed repeatedly if violations continue.
Often leads to compliance without needing jail or harsher sanctions.
How a Local Lee's Summit Attorney Helps with Family Access Motions
A local Jackson County attorney provides significant advantages:
Proper Filing & Evidence — Drafts a clear, compelling motion with detailed affidavit and supporting exhibits (logs, screenshots, communications) that meets court requirements.
Strategic Timing — Files quickly to get fast hearing dates and temporary relief if needed.
Strong Presentation — Organizes evidence and witnesses to prove interference and harm to the child/parental relationship.
Local Court Insight — Knows how 16th Circuit judges handle these motions, what remedies they favor, and how to maximize make-up time or fees.
Escalation if Needed — Transitions to contempt or modification if violations persist or are severe.
Flat-Fee Options — Many family access motions handled on flat fee ($1,500–$2,500 range) for predictability.
Don't let repeated denials of your parenting time go unaddressed—Missouri law provides this fast-track remedy to protect your relationship with your child. If you're being denied court-ordered parenting time in Jackson County, contact the Law Office of Kirby Minor for a consultation. We file Family Access Motions aggressively, present strong evidence, and secure the access you and your child deserve. Call 816-888-0632 or visit kirbyminor.com today. Your time with your children is protected by law—let's enforce it quickly.
bottom of page
