38-1365. Expedited enforcement of child-custody determination.
38-1365
38-1365. Expedited enforcement of child-custodydetermination.(UCCJEA 308). (a) A petition under K.S.A. 38-1358 through38-1374 and amendments thereto, must be verified. Certified copies of allorderssought to be enforced and of any order confirming registration must be attachedto the petition. A copy of a certified copy of an order may be attached insteadof the original.
(b) A petition for enforcement of a child-custody determination must state:
(1) Whether the court that issued the determination identified thejurisdictional basis it relied upon in exercising jurisdiction and, if so, whatthe basis was;
(2) whether the determination for which enforcement is sought has beenvacated, stayed, or modified by a court whose decision must be enforced underthis act and, if so, identify the court, the case number, and the nature of theproceeding;
(3) whether any proceeding has been commenced that could affect the currentproceeding, including proceedings relating to domestic violence, protectiveorders, termination of parental rights, and adoptions and, if so, identify thecourt, the case number, and the nature of the proceeding;
(4) the present physical address of the child and the respondent, if known;
(5) whether relief in addition to the immediate physical custody of the childand attorney fees is sought, including a request for assistance from lawenforcement officials and, if so, the relief sought; and
(6) if the child-custody determination has been registered and confirmedunder K.S.A. 38-1362 and amendments thereto, the date and place ofregistration.
(c) Upon the filing of a petition, the court shall issue an order directingthe respondent to appear in person with or without the child at a hearing andmay enter any order necessary to ensure the safety of the parties and thechild. The hearing must be held on the next judicial day after service of theorder unless that date is impossible. In that event, the court shall hold thehearing on the first judicial day possible. The court may extend the date ofhearing at the request of the petitioner.
(d) An order issued under subsection (c) must state the time and place of thehearing and advise the respondent that at the hearing the court will order thatthe petitioner may take immediate physical custody of the child and the paymentof fees, costs, and expenses under K.S.A. 38-1369 and amendments thereto, andmayschedule a hearing to determine whether further relief is appropriate, unlessthe respondent appears and establishes that:
(1) The child-custody determination has not been registered and confirmedunder K.S.A. 38-1362 and amendments thereto and that:
(A) The issuing court did not have jurisdiction under K.S.A. 38-1348 through38-1357and amendments thereto;
(B) the child-custody determination for which enforcement is sought has beenvacated, stayed, or modified by a court having jurisdiction to do so underK.S.A. 38-1348 through 38-1357 and amendments thereto;
(C) the respondent was entitled to notice, but notice was not given inaccordance with the standards of K.S.A. 38-1343 and amendments thereto, in theproceedings before the court that issued the order for which enforcement issought; or
(2) the child-custody determination for which enforcement is sought wasregistered and confirmed under K.S.A. 38-1361 and amendments thereto, but hasbeenvacated, stayed, or modified by a court of a state having jurisdiction to do sounder K.S.A. 38-1348 through 38-1357 and amendments thereto.
History: L. 2000, ch. 171, § 60; July 1.