23-37,401 Application and construction.
23-37,401. Application and construction. (UCCJEA 401). In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2000, ch. 171, § 70; July 1.
23-37,402 Severability clause.
23-37,402. Severability clause. (UCCJEA 402). If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are […]
23-37,405 Transitional provision.
23-37,405. Transitional provision. (UCCJEA 405). A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made. History: L. 2000, ch. 171, […]
23-3801 Short title.
23-3801. Short title. This act may be cited as the uniform child abduction prevention act. History: L. 2007, ch. 75, § 1; July 1.
23-3802 Definitions.
23-3802. Definitions. In this act: (1) “Abduction” means the wrongful removal or wrongful retention of a child. (2) “Child” means an unemancipated individual who is less than 18 years of age. (3) “Child-custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect […]
23-3803 Cooperation and communication among courts.
23-3803. Cooperation and communication among courts. K.S.A. 2021 Supp. 23-37,110, 23-37,111 and 23-37,112, and amendments thereto, apply to cooperation and communications among courts in proceedings under this act. History: L. 2007, ch. 75, § 3; July 1.
23-3804 Actions for abduction prevention measures.
23-3804. Actions for abduction prevention measures. (a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody determination or another individual or entity having a right under the […]
23-3805 Jurisdiction.
23-3805. Jurisdiction. (a) A petition under this act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the uniform child custody jurisdiction and enforcement act, K.S.A. 2021 Supp. 23-37,101 et seq., and amendments thereto. (b) A court of this state has […]
23-3806 Contents of petition.
23-3806. Contents of petition. A petition under this act must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in K.S.A. 2021 Supp. 23-3807, and amendments thereto. Subject to K.S.A. 2021 Supp. 23-37,209, and amendments thereto, if […]
23-3807 Factors to determine risk of abduction.
23-3807. Factors to determine risk of abduction. (a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) Has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in activities […]