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 […]

23-3808 Provisions and measures to prevent abduction.

23-3808. Provisions and measures to prevent abduction. (a) If a petition is filed under this act, the court may enter an order that must include: (1) The basis for the court’s exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the […]

23-3809 Warrant to take physical custody of child.

23-3809. Warrant to take physical custody of child. (a) If a petition under this act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (b) The respondent […]

23-3810 Duration of abduction prevention order.

23-3810. Duration of abduction prevention order. An abduction prevention order remains in effect until the earliest of: (1) The time stated in the order; (2) the emancipation of the child; (3) the child’s attaining 18 years of age; or (4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction […]

23-3811 Uniformity of application and construction.

23-3811. Uniformity of application and construction. 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. 2007, ch. 75, § 11; July 1.

23-3812 Relation to electronic signatures in global and national commerce act.

23-3812. Relation to electronic signatures in global and national commerce act. This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), of that act or authorize electronic […]