Session of 1999
SENATE BILL No. 96
By Committee on Judiciary
9 AN ACT concerning modification of child custody or residential place-
10 ment orders.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) A party filing a motion to modify a final order pertain-
14 ing to child custody or residential placement pursuant to K.S.A. 38-1101
15 et seq. or K.S.A. 60-1601 et seq., and amendments thereto, shall include
16 with specificity in the verified motion, or in an accompanying affidavit,
17 all known factual allegations which constitute the basis for the change of
18 custody or residential placement. If the court finds that the allegations
19 set forth in the motion or the accompanying affidavit fail to establish a
20 prima facie case, the court shall deny the motion. If the court finds that
21 the motion establishes a prima facie case, the matter may be tried on
22 factual issues.
23 (b) In the event the court is asked to issue an ex parte order modifying
24 a final child custody or residential placement order based on alleged
25 emergency circumstances, the court shall:
26 (1) Attempt to have the nonmoving party's counsel, if any, present
27 before taking up the matter.
28 (2) Set the matter for review hearing at the earliest possible court
29 setting after issuance of the ex parte order, but in no case later than 15
30 days after issuance.
31 (3) Require personal service of the order and notice of review hearing
32 on the nonmoving party.
33 No ex parte order modifying a final custody or residential placement
34 order shall be entered without sworn testimony to support a showing of
35 the alleged emergency.
36 Sec. 2. This act shall take effect and be in force from and after its
37 publication in the statute book.