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Uniform Family Laws in Kansas: Alphabet Soup for the Soul. Ronald W. Nelson | Lenexa, Kansas kansas-divorce.com | twitter.com/kansasdivorce.

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Presentation on theme: "Uniform Family Laws in Kansas: Alphabet Soup for the Soul. Ronald W. Nelson | Lenexa, Kansas kansas-divorce.com | twitter.com/kansasdivorce."— Presentation transcript:

1 Uniform Family Laws in Kansas: Alphabet Soup for the Soul. Ronald W. Nelson | Lenexa, Kansas kansas-divorce.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 Superseded the Uniform Reciprocal Enforcement of Support Act (URESA) and Revised URESA (RURESA) 1996 version (Kansas originally adopted 1994 version) All states mandated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 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 Defendant’s contacts “Home State” Uniform Child Custody Jurisdiction and Enforcement Act “Maximum Contacts” Model “Home State” Child’s 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 Mother’s 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) 1.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….” 2.Until a court of any state “determines that the child, the child’s parents…do 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 party’s 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

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 kansas-divorce.com twitter.com/kansasdivorce


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