23-37,209. Information to be submitted to court. (UCCJEA 209). (a) Subject to subsection (e), in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last […]
23-37,210. Appearance to parties and child. (UCCJEA 210). (a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who […]
23-37,301. Definitions; enforcement. (UCCJEA 301). In K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the civil aspects of international child abduction or enforcement of a child-custody determination. (2) “Respondent” means a person against […]
23-37,302. Enforcement under Hague Convention. (UCCJEA 302). Under K.S.A. 2021 Supp. 23-37,201 through 23-37,317, and amendments thereto, a court of this state may enforce an order for the return of the child made under the Hague Convention on the civil aspects of international child abduction as if it were a child-custody determination. History: L. 2000, […]
23-37,303. Duty to enforce. (UCCJEA 303). (a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination […]
23-37,304. Temporary visitation. (UCCJEA 304). (a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) the visitation provisions of a child-custody determination of another state that does not provide for […]
23-37,305. Registration of child-custody determination. (UCCJEA 305). (a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the district court in this state: (1) A letter or other document requesting registration; (2) two copies, including one certified […]
23-37,306. Enforcement of registered determination. (UCCJEA 306). (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance […]
23-37,307. Simultaneous proceedings. (UCCJEA 307). If a proceeding for enforcement under K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto, is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under K.S.A. […]
23-37,308. Expedited enforcement of child-custody determination. (UCCJEA 308). (a) A petition under K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto, must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may […]
23-37,309. Service of petition and order. (UCCJEA 309). Except as otherwise provided in K.S.A. 2021 Supp. 23-37,311, and amendments thereto, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child. History: L. 2000, ch. 171, § […]
23-37,310. Hearing and order. (UCCJEA 310). (a) Unless the court issues a temporary emergency order pursuant to K.S.A. 2021 Supp. 23-37,204, and amendments thereto, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless […]
23-37,311. Warrant to take physical custody of child. (UCCJEA 311). (a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or […]
23-37,312. Costs, fees, and expenses. (UCCJEA 312). (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party […]
23-37,313. Recognition and enforcement. (UCCJEA 313). A court of this state shall accord full faith and credit to an order issued by another state and consistent with this act which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to […]
23-37,314. Appeals. (UCCJEA 314). An appeal may be taken from a final order in a proceeding under K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto, in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under K.S.A. 2021 Supp. 23-37,204, and amendments thereto, the enforcing court […]
23-37,315. Role of prosecutor. (UCCJEA 315). (a) In a case arising under this act or involving the Hague Convention on the civil aspects of international child abduction, the prosecutor may take any lawful action, including resort to a proceeding under K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto, or any other available civil proceeding […]
23-37,316. Role of law enforcement. (UCCJEA 316). At the request of a prosecutor acting under K.S.A. 2021 Supp. 23-37,315, and amendments thereto, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under K.S.A. 2021 Supp. 23-37,315, and amendments thereto. History: […]
23-37,317. Costs and expenses. (UCCJEA 317). If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under K.S.A. 2021 Supp. 23-37,315 or 23-37,316, and amendments thereto. History: L. 2000, ch. 171, § 69; July 1.
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.
