Kansas § 23-37,310 Hearing and order

Kansas Statutes

§ 23-37,310 — Hearing and order

Kansas § 23-37,310

Ch. 23KANSAS FAMILY LAW CODE

Art. 37UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

This text of Kansas § 23-37,310 (Hearing and order) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 23-37,310 (2026).

Text

(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 amendme

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(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.