Title: Uniform Family Laws in Kansas: Alphabet Soup for the Soul.
1Uniform Family Laws in Kansas Alphabet Soup for
the Soul.
- Ronald W. Nelson Lenexa, Kansas
- kansas-divorce.com ron_at_ronaldnelsonlaw.com
- twitter.com/kansasdivorce
2- Uniform Interstate Family Support Act (UIFSA)
- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA) - Uniform Child Abduction Prevention Act (UCAPA)
3- Uniform Interstate Family Support Act (UIFSA)
- KSA 23-9,101 et seq (KSA 2011 Supp 23-36,101 et
seq.) - Superseded the Uniform Reciprocal Enforcement of
Support Act (URESA) and Revised URESA (RURESA) - 1996 version (Kansas originally adopted 1994
version) - All states mandated to adopt UIFSA 1996 PRWORA
1996
4- Uniform Interstate Family Support Act (UIFSA)
- 2001 and 2008 versions
- Hague Convention on International Recovery of
Child Support and Other Forms of Family
Maintenance (The Hague Maintenance Convention)
5- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders.
6- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
7- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
8- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
- Maintains continuing jurisdiction in one state
9- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
10- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
11- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
- Provides enforcement jurisdiction and methods
12- Uniform Interstate Family Support Act (UIFSA)
- Establishes and maintains a one-order system
for establishment and maintenance of support
orders. - Establishes jurisdiction
- Limits jurisdiction to one state one order
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
- Provides enforcement jurisdiction and methods
- Non-exclusive remedies
- Cross-border enforcement
- Cross-border assistance, discovery, hearings
13- Uniform Child Custody Jurisdiction and
Enforcement Act - KSA 2011 Supp 23-37,101 et seq)
- Amended/Superseded UCCJA (1966)
- PKPA, ICWA, VAWA, ICARA
- 1997 version
- 49 States/2 Territories (Vermont Adopted May
2011)
14- Uniform Child Custody Jurisdiction and
Enforcement Act - KSA 2011 Supp 23-37,101 et seq)
- Amended/Superseded UCCJA (1966)
- PKPA, ICWA, VAWA, ICARA
- 1997 version
- 49 States/2 Territories (Vermont Adopted May
2011) - Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in
Respect of Parental Responsibility and Measures
for the Protection of Children Concluded 19
October 1996
15Scenario 1 Mother, Father, Child All Live in
Kansas
16Scenario 2 Mother, Child Live in Kansas. Father
Lives in Oklahoma. Father consents to Kansas
Jurisdiction
17Scenario 3 Mother, Father Child Live in Kansas.
Mother moves with child to Oklahoma.
18Scenario 3 Mother, Father Child Live in Kansas.
Father obtains new job in Oklahoma, tells Mother
and child to set up home in Oklahoma.
19- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders.
20- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
21- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
22- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
- Maintains continuing jurisdiction in one state
23- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
24- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
25- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
- Provides enforcement jurisdiction and methods
26- Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA)) - Establishes and maintains limited jurisdiction
establishment and maintenance of child custody
orders. - Establishes jurisdiction
- Limits jurisdiction to one state
- Maintains continuing jurisdiction in one state
- Provides rules for loss of jurisdiction
- Provides rules for modification jurisdiction
- Provides enforcement jurisdiction and methods
- Non-exclusive remedies
- Cross-border assistance, discovery, hearings
27- Uniform Child Abduction Prevention Act (UCAPA)
- KSA 38-13a01 et seq (KSA 2011 Supp 23-3801 et
seq) - Supplementary to UCCJEA
- 2006
28- Uniform Interstate Family Support Act
- Jurisdiction Initial, Continuing, and
Modification - Enforcement
- Uniform Child Custody Jurisdiction and
Enforcement Act - Jurisdiction Initial, Continuing, and
Modification - Enforcement
- Uniform Child Abduction Prevention Act
- Enforcement
29- Uniform Interstate Family Support Act
- Personal Jurisdiction (with Subject Matter
Component) - Primarily to Simplify Enforcement
- With Jurisdictional Component
- Uniform Child Custody Jurisdiction and
Enforcement Act - Subject Matter Jurisdiction
- Primarily to Simplify Jurisdiction
- With Enforcement Component
30Initial Jurisdiction
- Uniform Interstate Family Support Act
- Minimum Contacts Model
- Defendants contacts
- Home State
- Uniform Child Custody Jurisdiction and
Enforcement Act - Maximum Contacts Model
- Home State
- Childs Connections
31Limited Immunity
- Uniform Interstate Family Support Act
- UIFSA 314
- Uniform Child Custody Jurisdiction and
Enforcement Act - UCCJEA 109
32Simultaneous Proceedings
- Uniform Interstate Family Support Act
- First in time
- Uniform Child Custody Jurisdiction and
Enforcement Act - Home State Preferred
- Significant Connections (if no home state)
- Declination
- Inconvenient Forum
- Bad Conduct
33Scenario 1 Mother, Father, Child All Live in
Kansas for one year
34Scenario 2 Mother, Father live in MO. Child
born in KS hospital. Mother, Father, Child lives
in MO for 2 months. Parents separate. Mother
moves to KS. Parents exchange child for 1 month.
Mother files parentage case in KS. Father files
parentage case in MO.
35Scenario 3 Mother, Father, Child live in KS for
7 months. Mother, Child move to OK to be near
Mothers family. Live in Oklahoma for 5 ½ months.
Mother files in OK. Father served in OK.
36Scenario 4 Mother, Father Child Live in KS 2
years. Mother, Child move to OK. 2 months later,
Father moves to MO. Where to file?
37Scenario 5 Mother, Father Child Live in
Kansas for 4 months. Mother, Child move to
Oklahoma, 2 months later, Father moves to
Missouri.
38Court Communications
- Uniform Interstate Family Support Act
- Assistance in Proceedings
- Uniform Child Custody Jurisdiction and
Enforcement Act - Assistance in Proceedings
- Resolving Jurisdictional Disputes
- Communications standards
39Registration and Enforcement
- Uniform Registration Procedures
40Registration and Enforcement
- Uniform Registration Procedures
- Duty to Enforce
41Registration and Enforcement
- Uniform Registration Procedures
- Duty to Enforce
- Uniform Enforcement Procedures
42Registration and Enforcement
- Uniform Registration Procedures
- Duty to Enforce
- Uniform Enforcement Procedures
- Expedited Enforcement and Strong Remedies
43Registration
- Uniform Interstate Family Support Act
- Registration for Enforcement
- Registration for Modification
- Not required for some enforcement procedures
- Uniform Child Custody Jurisdiction and
Enforcement Act - Registration
- Registration for Enforcement
- Registration for Modification
- Procedure based on UIFSA
44Registration Response
- Confirmed if no response within 20 days
- Limited Defenses to Registration
45Enforcement
- Any state may enforce
- Expedited Enforcement procedures
- Enforcement court CANNOT modify order unless
specifically allowed
46Scenario 6 Divorce in MO. Father moves to OK.
Mother, Child to KS. Father has child, refuses to
return child to Mother.
47Continuing Jurisdiction
- Uniform Interstate Family Support Act
- Continuing, Exclusive Jurisdiction (CEJ)
- Uniform Child Custody Jurisdiction and
Enforcement Act - Exclusive, Continuing Jurisdiction (ECJ)
48Continuing Jurisdiction
- Uniform Interstate Family Support Act
- Continuing, Exclusive Jurisdiction (CEJ)
- as long as this state remains the residence of
the obligor, the individual obligee, or the child
for whose benefit the support order is issued
(or until filing written consents).
49Continuing Jurisdiction
- Uniform Child Custody Jurisdiction and
Enforcement Act - Exclusive, Continuing Jurisdiction (ECJ)
- until a court of this state determines that
neither the child, nor the child and one parent
have a significant connection with this state and
substantial evidence is no longer available in
this state. - Until a court of any state determines that the
child, the childs parentsdo not presently
reside in this State.
50Modification Jurisdiction
- Uniform Interstate Family Support Act
- No Modification Jurisdiction if another State
Retains Continuing, Exclusive Jurisdiction - Uniform Child Custody Jurisdiction and
Enforcement Act - No Modification Jurisdiction if another State
Retains Exclusive, Continuing Jurisdiction
51Modification Jurisdiction
- Uniform Interstate Family Support Act
- Must file modification in adverse partys State
- Cannot file spousal support modification in any
other state. - Modifying State is bound by the original states
law on nature, extent, amount, and duration of
support. - Uniform Child Custody Jurisdiction and
Enforcement Act - Must file modification where initial
jurisdiction would lie. - Home State not required if previous state
Exclusive, Continuing Jurisdiction does not exist
but preferred.
52(No Transcript)
53Scenario 7 Divorce in KS. Mother, Child move to
OK, live there 10 years. Father remains in KS.
Where modify custody/support?
54Scenario 8 Divorce in MO. Mother, Child move to
KS. Father moves to OK. Mother files to Modify
Custody/Support in KS
55Scenario 9 Divorce in MO. Mother, Child move to
KS. Father moved to OK. Mother, Child returns to
MO 7 mo later, files Child Support and custody
modification 1 month later.
56Scenario 10 Mother, Father marry in NEB, move
to Sweden. Child born in Sweden, live 5 yrs.
Mother, Children leave Sweden to KS. Father files
divorce in Sweden 5 months later. Mother enters
appearance. Sweden grants child support, but
dismisses child custody to KS. Mother and Father
litigate child custody in KS. Mother files in KS
to modify child support.
57Scenario 11 Mother, Child in KS. Father in MO.
SRS files parentage in KS. Custody/Support
Determination. Mother remarries. Mother, child to
China with new husband for his business. Mother
files to Modify Support in KS
58Scenario 12 Mother enters military from KS.
Father enters military from Ohio. Marry while
stationed in PENN. Child born in Japan. Father
discharged, returns to Ohio.
59Hague Family Law-Related Conventions
- Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or
Commercial Matters 1965 - Hague Convention on the Civil Aspects of
International Child Abduction 1990 - Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in
Respect of Parental Responsibility and Measures
for the Protection of Children (Hague Convention
on Protection of Children) 1996 - Hague Convention on the International Recovery of
Child Support and Other Forms of Family
Maintenance 2007
60- Ronald W Nelson
- Lenexa, Kansas
- ron_at_ronaldnelsonlaw.com
- kansas-divorce.com
- twitter.com/kansasdivorce