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 […]
23-37,312 Costs, fees, and expenses.
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 […]
23-37,207 Inconvenient forum.
23-37,207. Inconvenient forum. (UCCJEA 207). (a) A court of this state which has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. […]
23-37,313 Recognition and enforcement.
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 […]
23-37,208 Jurisdiction declines by reason of conduct.
23-37,208. Jurisdiction declines by reason of conduct. (UCCJEA 208). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, or by other law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court […]