Under RSMo 452.315 2., "As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue an order after notice and hearing: (1) Restraining any person from transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring the person to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued; (2) Enjoining a party from harassing, abusing, molesting or disturbing the peace of the other party or of any child; (3) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result; (4) Establishing and ordering compliance with a custody order and providing for the support of each child."
The above-quoted restraining order provision is not
automatic! Moreover, RSMo 452.315, arguably, only applies to married persons
. This is obvious from the statute, which in Subdivision "1" is express, and in Subdivision "2" is implied, since the statute discusses the restraint of transferring property over which the court has no jurisdiction, given that there is no marital estate where parties were never married.
Consequently, I suggest that you actually review your court orders and see if there is, in fact, such an order. If there isn't, then you can move in. Of course, the court can order you to move out, after you move in, but, to say that you are already excluded via an automatic
restraining order is legally false (in my opinion). There may be a local court rule that establishes an automatic restraining order for custody matters, and you can search for that at this link.
If none of the above is useful, then you would have to file a separate civil action
to "partition" the property. You may be able to consolidate the action with your current custody and support actions.
Partition is a lawsuit where the court first attempts to physically divide real estate (which in the "old days," was pretty easy, but modernly is usually impossible, unless the property is a farm or ranch with no buildings); and if the court cannot physically divide, then the court orders the property sold and the proceeds divided.
That's the traditional legal option, and it doesn't require you to ask the family court for anything. In fact, the family court has no authority to divide/partition your property, because you were never married. The only jurisdiction that the family court has is to find that the children would suffer irreparable harm if you were permitted to move into the property.
All of the above being said, family court judges have a strong tendency to "invent law" and challenge litigants to appeal. So, you could meet with heavy resistance concerning the house. But, once again, to say that an automatic restraining order currently exists, without actually finding that order in the current orders issued by the court -- and to say that you cannot force the partition of the property, merely because your children currently reside in the property, is, in my view, an unnecessary assumption, because there is no law flatly providing for these adverse outcomes.
Hope this helps.