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Uniform Family Laws in Kansas: Alphabet Soup for the Soul.

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Title: Uniform Family Laws in Kansas: Alphabet Soup for the Soul.


1
Uniform 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  • Superseded the Uniform Reciprocal Enforcement of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

15
Scenario 1 Mother, Father, Child All Live in
Kansas
16
Scenario 2 Mother, Child Live in Kansas. Father
Lives in Oklahoma. Father consents to Kansas
Jurisdiction
17
Scenario 3 Mother, Father Child Live in Kansas.
Mother moves with child to Oklahoma.
18
Scenario 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

30
Initial 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

31
Limited Immunity
  • Uniform Interstate Family Support Act
  • UIFSA 314
  • Uniform Child Custody Jurisdiction and
    Enforcement Act
  • UCCJEA 109

32
Simultaneous 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

33
Scenario 1 Mother, Father, Child All Live in
Kansas for one year
34
Scenario 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.
35
Scenario 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.
36
Scenario 4 Mother, Father Child Live in KS 2
years. Mother, Child move to OK. 2 months later,
Father moves to MO. Where to file?
37
Scenario 5 Mother, Father Child Live in
Kansas for 4 months. Mother, Child move to
Oklahoma, 2 months later, Father moves to
Missouri.
38
Court Communications
  • Uniform Interstate Family Support Act
  • Assistance in Proceedings
  • Uniform Child Custody Jurisdiction and
    Enforcement Act
  • Assistance in Proceedings
  • Resolving Jurisdictional Disputes
  • Communications standards

39
Registration and Enforcement
  • Uniform Registration Procedures

40
Registration and Enforcement
  • Uniform Registration Procedures
  • Duty to Enforce

41
Registration and Enforcement
  • Uniform Registration Procedures
  • Duty to Enforce
  • Uniform Enforcement Procedures

42
Registration and Enforcement
  • Uniform Registration Procedures
  • Duty to Enforce
  • Uniform Enforcement Procedures
  • Expedited Enforcement and Strong Remedies

43
Registration
  • 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

44
Registration Response
  • Confirmed if no response within 20 days
  • Limited Defenses to Registration

45
Enforcement
  • Any state may enforce
  • Expedited Enforcement procedures
  • Enforcement court CANNOT modify order unless
    specifically allowed

46
Scenario 6 Divorce in MO. Father moves to OK.
Mother, Child to KS. Father has child, refuses to
return child to Mother.
47
Continuing Jurisdiction
  • Uniform Interstate Family Support Act
  • Continuing, Exclusive Jurisdiction (CEJ)
  • Uniform Child Custody Jurisdiction and
    Enforcement Act
  • Exclusive, Continuing Jurisdiction (ECJ)

48
Continuing 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).

49
Continuing 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.

50
Modification 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

51
Modification 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)
53
Scenario 7 Divorce in KS. Mother, Child move to
OK, live there 10 years. Father remains in KS.
Where modify custody/support?
54
Scenario 8 Divorce in MO. Mother, Child move to
KS. Father moves to OK. Mother files to Modify
Custody/Support in KS
55
Scenario 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.
56
Scenario 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.
57
Scenario 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
58
Scenario 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.
59
Hague 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
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