Domestic Relations: Temporary Child Custody-Hearing Requirement

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Where a mother filed a petition for a writ of prohibition asserting that the trial court exceeded its authority by entering a temporary child custody order without conducting a hearing on the motion, the court was required to conduct a hearing before making the award, so the mother established that she was entitled to the writ of prohibition.

Exhaust remedies

Dissenting opinion by Powell, J.: “This Court should require Mother to exhaust the potential remedies available to her in the circuit court before issuing the writ of prohibition to vacate the order in question. Because she has not done so, extraordinary writ relief is inappropriate.”

Permanent writ of prohibition issued.

State ex rel. Kelsey Koehler v. Midkiff (MLW No. 74786/Case No. SC98308 – 11 pages) (Supreme Court of Missouri, per curiam) Original proceeding in prohibition. (Jonathan Sternberg, Kansas City, Missouri, and William H. Reynolds and Roya R Hough, Kansas City, Missouri, for the mother) (Nancy A. Garris, Blue Springs, for the father).