reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,204 Temporary emergency jurisdiction.

23-37,204.
Temporary emergency jurisdiction.
(UCCJEA 204). (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced under this act and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced under this act, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to K.S.A. 23-37,201 through 23-37,203, and amendments thereto, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
History:
L. 2000, ch. 171, § 46; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,205 Notice; opportunity to be heard; joinder.

23-37,205.
Notice; opportunity to be heard; joinder.
(UCCJEA 205). (a) Before a child-custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of K.S.A. 23-37,108, and amendments thereto, must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This act does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this act are governed by the law of this state as in child-custody proceedings between residents of this state.
History:
L. 2000, ch. 171, § 47; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,206 Simultaneous proceedings.

23-37,206.
Simultaneous proceedings.
(UCCJEA 206). (a) Except as otherwise provided in K.S.A. 23-37,204, and amendments thereto, a court of this state may not exercise its jurisdiction under K.S.A. 23-37,201 through 23-37,210, and amendments thereto, if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under K.S.A. 23-37,207, and amendments thereto.
(b) Except as otherwise provided in K.S.A. 23-37,204, and amendments thereto, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to K.S.A. 23-37,209, and amendments thereto. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
History:
L. 2000, ch. 171, § 48; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) the length of time the child has resided outside this state;
(3) the distance between the court in this state and the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume jurisdiction;
(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this act if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
History:
L. 2000, ch. 171, § 49; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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. 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 shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto, determines that this state is a more appropriate forum under K.S.A. 23-37,207, and amendments thereto; or
(3) no court of any other state would have jurisdiction under the criteria specified in K.S.A. 23-37,201 through 23-37,203, and amendments thereto.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under K.S.A. 23-37,201 through 23-37,203, and amendments thereto.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses 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 from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this act.
History:
L. 2000, ch. 171, § 50; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,209 Information to be submitted to court.

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 five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
History:
L. 2000, ch. 171, § 51; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,210 Appearance to parties and child.

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 has physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to K.S.A. 23-37,108, and amendments thereto, include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
History:
L. 2000, ch. 171, § 52; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,301 Definitions; enforcement.

23-37,301.
Definitions; enforcement.
(UCCJEA 301). In K.S.A. 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 whom a proceeding has been commenced for 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.
History:
L. 2000, ch. 171, § 53; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,302 Enforcement under Hague Convention.

23-37,302.
Enforcement under Hague Convention.
(UCCJEA 302). Under K.S.A. 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, ch. 171, § 54; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,303 Duty to enforce.

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 has not been modified in accordance with this act.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in K.S.A. 23-37,301 through 23-37,317, and amendments thereto, are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
History:
L. 2000, ch. 171, § 55; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,304 Temporary visitation.

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 a specific visitation schedule.
(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in K.S.A. 23-37,201 through 23-37,210, and amendments thereto. The order remains in effect until an order is obtained from the other court or the period expires.
History:
L. 2000, ch. 171, § 56; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,306 Enforcement of registered determination.

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 with K.S.A. 23-37,201 through 23-37,210, and amendments thereto, a registered child-custody determination of a court of another state.
History:
L. 2000, ch. 171, § 58; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,307 Simultaneous proceedings.

23-37,307.
Simultaneous proceedings.
(UCCJEA 307). If a proceeding for enforcement under K.S.A. 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. 23-37,201 through 23-37,210, and amendments thereto, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History:
L. 2000, ch. 171, § 59; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,309 Service of petition and order.

23-37,309.
Service of petition and order.
(UCCJEA 309). Except as otherwise provided in K.S.A. 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, § 61; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,310 Hearing and order.

23-37,310.
Hearing and order.
(UCCJEA 310). (a) Unless the court issues a temporary emergency order pursuant to K.S.A. 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 the respondent establishes that:
(1) The child-custody determination has not been registered and confirmed under K.S.A. 23-37,305, and amendments thereto, and that:
(A) The issuing court did not have jurisdiction under K.S.A. 23-37,201 through 23-37,210, and amendments thereto;
(B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under K.S.A. 23-37,201 through 23-37,210, and amendments thereto; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of K.S.A. 23-37,108, and amendments thereto, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child-custody determination for which enforcement is sought was registered and confirmed under K.S.A. 23-37,305, and amendments thereto, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under K.S.A. 23-37,201 through 23-37,210, and amendments thereto.
(b) The court shall award the fees, costs, and expenses authorized under K.S.A. 23-37,312, and amendments thereto, and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under K.S.A. 23-37,301 through 23-37,317, and amendments thereto.
History:
L. 2000, ch. 171, § 62; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,311 Warrant to take physical custody of child.

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 be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection (b) of K.S.A. 23-37,308, and amendments thereto.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
History:
L. 2000, ch. 171, § 63; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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 from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this act.
History:
L. 2000, ch. 171, § 64; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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 do so under K.S.A. 23-37,201 through 23-37,210, and amendments thereto.
History:
L. 2000, ch. 171, § 65; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,314 Appeals.

23-37,314.
Appeals.
(UCCJEA 314). An appeal may be taken from a final order in a proceeding under K.S.A. 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. 23-37,204, and amendments thereto, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
History:
L. 2000, ch. 171, § 66; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,315 Role of prosecutor.

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. 23-37,301 through 23-37,317, and amendments thereto, or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1) An existing child-custody determination;
(2) a request to do so from a court in a pending child-custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the civil aspects of international child abduction.
(b) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
History:
L. 2000, ch. 171, § 67; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,316 Role of law enforcement.

23-37,316.
Role of law enforcement.
(UCCJEA 316). At the request of a prosecutor acting under K.S.A. 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. 23-37,315, and amendments thereto.
History:
L. 2000, ch. 171, § 68; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,317 Costs and expenses.

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. 23-37,315 or 23-37,316, and amendments thereto.
History:
L. 2000, ch. 171, § 69; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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 severable.
History:
L. 2000, ch. 171, § 71; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 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, § 72; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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 to a child. The term includes a permanent, temporary, initial, and modification order.
(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
(5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
(6) "Petition" includes a motion or its equivalent.
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.
(10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
History:
L. 2007, ch. 75, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 23-3803 Cooperation and communication among courts.

23-3803.
Cooperation and communication among courts.
K.S.A. 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.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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 law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this act.
(c) A prosecutor or public authority designated under K.S.A. 23-37,315 may seek a warrant to take physical custody of a child under K.S.A. 23-3809, and amendments thereto, or other appropriate prevention measures.
History:
L. 2007, ch. 75, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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. 23-37,101 et seq., and amendments thereto.
(b) A court of this state has temporary emergency jurisdiction under K.S.A. 23-37,204, and amendments thereto, if the court finds a credible risk of abduction.
History:
L. 2007, ch. 75, § 5; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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. 23-3807, and amendments thereto. Subject to K.S.A. 23-37,209, and amendments thereto, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child;
(2) the customary address and current physical location of the child;
(3) the identity, customary address, and current physical location of the respondent;
(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6) any other information required to be submitted to the court for a child-custody determination under K.S.A. 23-37,209, and amendments thereto.
History:
L. 2007, ch. 75, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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 on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physical custody of a child must:
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
(3) state the date and time for the hearing on the petition; and
(4) provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
(h) This act does not affect the availability of relief allowed under the law of this state other than this act.
History:
L. 2007, ch. 75, § 9; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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 under K.S.A. 23-37,201, 23-37,202 and 23-37,203, and amendments thereto.
History:
L. 2007, ch. 75, § 10; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 38 - Uniform Child Abduction Prevention Act (ucapa) › 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 delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
L. 2007, ch. 75, § 12; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-101a Definition of terms; act inapplicable to certain drainage districts.

24-101a.
Definition of terms; act inapplicable to certain drainage districts.
That whenever it is required under any law of this state relating to drainage or levees that a petition be signed by resident taxpayers, or taxpayers residing within any district or territory under the terms of said drainage district law, or providing that persons shall be taxpayers or resident taxpayers or taxpayers and residents within such district in order to vote at any election provided for under said drainage law or holding the office of supervisor or director of the drainage district, the terms "resident taxpayers," "taxpayers residing within the boundaries of any district or territory," "freeholders and actual residents of the district" and "taxpayers and residents within such district" shall be understood and construed to mean any taxpayers of said district or territory residing in the state of Kansas and owning land in the drainage district or territory: Provided, That this act shall not apply to drainage districts created prior to January 1, 1951, in counties having more than one hundred twenty-five thousand (125,000) population.
History:
L. 1927, ch. 196, § 1; L. 1931, ch. 183, § 1; L. 1939, ch. 182, § 1; L. 1941, ch. 222, § 1; L. 1951, ch. 260, § 1; L. 1953, ch. 189, § 1; June 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-102 Suits by state to recover lands wrongfully reclaimed from streams.

24-102.
Suits by state to recover lands wrongfully reclaimed from streams.
The attorney general is hereby authorized and directed to institute suits in the name of the state of Kansas for the recovery of any lands situated within the state of Kansas which have been wrongfully reclaimed from the channel of any navigable stream, which land shall thereafter be held by the state subject only to such rights, if any, incidental to riparian ownership as may be held by adjacent proprietors.
History:
L. 1909, ch. 131, § 1; March 4; R.S. 1923, 24-102.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-103 Same; drainage district may use land recovered.

24-103.
Same; drainage district may use land recovered.
Any land recovered as provided for in the preceding section may be used by any drainage district or other lawful authority for the location, relocation or restoration of the channel of such stream.
History:
L. 1909, ch. 131, § 2; March 4; R.S. 1923, 24-103.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-104 Same; construction.

24-104.
Same; construction.
Nothing in this act shall be construed as in any manner affecting or repealing any of the provisions of chapter 215, Laws of 1905.
History:
L. 1909, ch. 131, § 3; March 4; R.S. 1923, 24-104.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-108 County drainage of surface waters along highways; tax levy; eminent domain; petition and agreement.

24-108.
County drainage of surface waters along highways; tax levy; eminent domain; petition and agreement.
That the board of county commissioners of any county in this state where existing drainage districts are so situated that the drainage and ditches established therein are inadequate to take care of and discharge the surplus surface waters along the highways of any portion of said county are authorized and empowered to assess, levy and collect a tax sufficient to secure the drainage of the lands adjacent to such roads to relieve all such roads and highways and lands of such surplus waters and to construct drains, dig ditches or build levees or embankments wherever necessary to confine and conduct the waters; to condemn lands; to enter adjacent natural drainage territory and assess individual property and road districts as their benefits may appear: Provided, That such action is prayed for by an agreement participated in by at least sixty percent of the resident property owners benefited, asking and consenting to such condemnation and use of such property: Provided further, That the prayer of which said petition and agreement shall have been allowed by the board of county commissioners after a hearing due notice of which shall have been given: Provided further, That the total amount of expense of constructing such ditches, drains, embankments or levees in any one section of the county so benefited in any one instance shall not exceed the sum of $1,000.
History:
L. 1923, ch. 140, § 1; April 14; R.S. 1923, 24-108.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-109 Same; warrants and assessments.

24-109.
Same; warrants and assessments.
That to carry out the provisions of this act the board of county commissioners of such county is authorized, empowered and directed to issue its warrants in favor of the persons doing such work or owning such lands and to collect the same in three annual assessments upon the property lying within the limits of the benefit district defined by the board of county commissioners.
History:
L. 1923, ch. 140, § 2; April 14; R.S. 1923, 24-109.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-110 Same; construction.

24-110.
Same; construction.
That this act shall be considered as supplemental to, and in no wise contradictory of or in conflict with the general drainage laws of this state.
History:
L. 1923, ch. 140, § 3; April 14; R.S. 1923, 24-110.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-111 Contracts by municipalities of bordering state with drainage district or public corporation of this state.

24-111.
Contracts by municipalities of bordering state with drainage district or public corporation of this state.
Any municipal corporation of any other state, whether organized under a special charter or not, whose limits border upon or are near to any of the boundaries of this state is hereby permitted to contract with drainage districts and other public corporations of this state for co-operation or joint action in building and maintaining dikes, levees, sanitary and storm sewers and in diverting or improving watercourses in watersheds extending into the territorial limits of all the districts or corporations so contracting, and said municipality of such other state may agree with such drainage district or other public corporation of this state as to the division between them of the cost of building and maintaining such sewers, dikes and levees and of diverting or improving such watercourses.
History:
L. 1911, ch. 177, § 1; March 28; R.S. 1923, 24-111.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 1 - General Provisions › 24-112 Same; parties.

24-112.
Same; parties.
If such contract relates to the building or maintaining of a dike, levee or sewer in any city or drainage district, such city or drainage district shall be a party to the contract, and if outside of any city or drainage district, the county commissioners shall be a party to it. If the contract relates to the diversion of a watercourse, every city, drainage district, and county below, or partly below, the initial point of diversion, through which such watercourse flowed before the time of diversion or would flow after the time of diversion, shall be a party to the contract.
History:
L. 1911, ch. 177, § 2; March 28; R.S. 1923, 24-112.