23-701.Expedited procedure.(a) The purpose of this section is to enhance theenforcement of court ordered child visitation rights and parentingtime byestablishing a simplified, expedited procedure to providejustice without necessitating the assistance of legal counsel.
(b) A party who has beengranted visitation rights or parenting time may file with the court a motionalleging denial or interference with those rights and enforcement of thoserights. The district court shall provide a form on which such motion may befiled. Such expedited matters shall be heard by a district judge, courttrustee, or magistrate, sitting as a hearing officer. The provisions of thissection are in addition to those enforcement procedures provided in the uniformchild custody jurisdiction and enforcement act, and amendments thereto, andotherremedies provided by law.
(c) When a motion seeking expedited enforcement under subsection (b) isfiled, the hearing officer shall immediately:
(1) Set a time and place for a hearing on the motion, which shall not be morethan 21 days after the date on which the motion was filed; or
(2) if deemed appropriate, issue an ex parte order for mediation inaccordance with K.S.A. 23-601 et seq., and amendments thereto.
(d) If mediation ordered pursuant to subsection(c) is completed, themediator shall submit a summary of the parties' understanding to thehearing officer within five days after it is signed by the parties. Uponreceipt of the summary, the hearing officer shall enter an order inaccordance with the parties' agreement or set a time and place fora hearing on the matter, which shall be not more than 10 days after thesummary is received by the hearing officer.
(e) If mediation ordered pursuant to subsection(c) is terminatedpursuant to K.S.A. 23-604 and amendments thereto, the mediatorshall report the termination to the hearing officer within five days afterthe termination. Upon receipt of the report, the matter shall be set forhearing. Any suchhearing shall be not more than 10 days after the mediator's report oftermination is received by the hearing officer.
(f) Notice of the hearing date set by the hearing officershall be givento all interested parties by certified mail, return receipt requested, oras the court may order.
(g) If, upon hearing thehearing officerfinds that there has been an unreasonable interference with or denial ofvisitation or parenting time, the hearingofficer shall enter anorderproviding for one or more of the following:
(1) A specific schedule for visitation or parentingtime;
(2) compensating visitation or parenting time to the party sufferinginterference or denial ofvisitation or parenting time, which time shall be of the same type (e.g.,holiday,weekday, weekend, summer) as forwhich denial or interference was found and which shall beat the convenience of the party suffering the denial or interference ofvisitation orparentingtime;
(3) the posting of a bond, either cash or with sufficient sureties,conditioned upon compliance with the ordergranting visitation rights or parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs of theproceedingsto enforce visitation rights or parenting time against the personresponsibleforthe unreasonable denial or interference with visitation or parenting timeother than the child;
(5) attendance of one or more of the parties to theaction at counseling or educational sessionswhich focus on the impact on children ofdisputes regarding visitation or parenting time. Expenses shall be assessed tothe person responsible for the denial or interference with visitation orparenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer considersappropriate, except, if a hearing officer is not a districtjudge, the hearing officer shall not enter any orderwhichgrants a new order, or modifies an existingorder for child support, childcustody, residency, or maintenance.
(h) Decisions of any hearing officer who is not adistrict judge shall be subject to review bya district judge on the motion of any party filed within 10 daysafter the order was entered.
(i) In nocase shall final disposition of a motion filed pursuant tothis section take place more than 45 days after the filing of such motion.
History: L. 1986, ch. 138, § 1; L. 1986, ch. 133, § 4;L. 1999, ch. 57, § 42;L. 2000, ch. 171, § 7; July 1.
23-701.Expedited procedure.(a) The purpose of this section is to enhance theenforcement of court ordered child visitation rights and parentingtime byestablishing a simplified, expedited procedure to providejustice without necessitating the assistance of legal counsel.
(b) A party who has beengranted visitation rights or parenting time may file with the court a motionalleging denial or interference with those rights and enforcement of thoserights. The district court shall provide a form on which such motion may befiled. Such expedited matters shall be heard by a district judge, courttrustee, or magistrate, sitting as a hearing officer. The provisions of thissection are in addition to those enforcement procedures provided in the uniformchild custody jurisdiction and enforcement act, and amendments thereto, andotherremedies provided by law.
(c) When a motion seeking expedited enforcement under subsection (b) isfiled, the hearing officer shall immediately:
(1) Set a time and place for a hearing on the motion, which shall not be morethan 21 days after the date on which the motion was filed; or
(2) if deemed appropriate, issue an ex parte order for mediation inaccordance with K.S.A. 23-601 et seq., and amendments thereto.
(d) If mediation ordered pursuant to subsection(c) is completed, themediator shall submit a summary of the parties' understanding to thehearing officer within five days after it is signed by the parties. Uponreceipt of the summary, the hearing officer shall enter an order inaccordance with the parties' agreement or set a time and place fora hearing on the matter, which shall be not more than 10 days after thesummary is received by the hearing officer.
(e) If mediation ordered pursuant to subsection(c) is terminatedpursuant to K.S.A. 23-604 and amendments thereto, the mediatorshall report the termination to the hearing officer within five days afterthe termination. Upon receipt of the report, the matter shall be set forhearing. Any suchhearing shall be not more than 10 days after the mediator's report oftermination is received by the hearing officer.
(f) Notice of the hearing date set by the hearing officershall be givento all interested parties by certified mail, return receipt requested, oras the court may order.
(g) If, upon hearing thehearing officerfinds that there has been an unreasonable interference with or denial ofvisitation or parenting time, the hearingofficer shall enter anorderproviding for one or more of the following:
(1) A specific schedule for visitation or parentingtime;
(2) compensating visitation or parenting time to the party sufferinginterference or denial ofvisitation or parenting time, which time shall be of the same type (e.g.,holiday,weekday, weekend, summer) as forwhich denial or interference was found and which shall beat the convenience of the party suffering the denial or interference ofvisitation orparentingtime;
(3) the posting of a bond, either cash or with sufficient sureties,conditioned upon compliance with the ordergranting visitation rights or parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs of theproceedingsto enforce visitation rights or parenting time against the personresponsibleforthe unreasonable denial or interference with visitation or parenting timeother than the child;
(5) attendance of one or more of the parties to theaction at counseling or educational sessionswhich focus on the impact on children ofdisputes regarding visitation or parenting time. Expenses shall be assessed tothe person responsible for the denial or interference with visitation orparenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer considersappropriate, except, if a hearing officer is not a districtjudge, the hearing officer shall not enter any orderwhichgrants a new order, or modifies an existingorder for child support, childcustody, residency, or maintenance.
(h) Decisions of any hearing officer who is not adistrict judge shall be subject to review bya district judge on the motion of any party filed within 10 daysafter the order was entered.
(i) In nocase shall final disposition of a motion filed pursuant tothis section take place more than 45 days after the filing of such motion.
History: L. 1986, ch. 138, § 1; L. 1986, ch. 133, § 4;L. 1999, ch. 57, § 42;L. 2000, ch. 171, § 7; July 1.
23-701.Expedited procedure.(a) The purpose of this section is to enhance theenforcement of court ordered child visitation rights and parentingtime byestablishing a simplified, expedited procedure to providejustice without necessitating the assistance of legal counsel.
(b) A party who has beengranted visitation rights or parenting time may file with the court a motionalleging denial or interference with those rights and enforcement of thoserights. The district court shall provide a form on which such motion may befiled. Such expedited matters shall be heard by a district judge, courttrustee, or magistrate, sitting as a hearing officer. The provisions of thissection are in addition to those enforcement procedures provided in the uniformchild custody jurisdiction and enforcement act, and amendments thereto, andotherremedies provided by law.
(c) When a motion seeking expedited enforcement under subsection (b) isfiled, the hearing officer shall immediately:
(1) Set a time and place for a hearing on the motion, which shall not be morethan 21 days after the date on which the motion was filed; or
(2) if deemed appropriate, issue an ex parte order for mediation inaccordance with K.S.A. 23-601 et seq., and amendments thereto.
(d) If mediation ordered pursuant to subsection(c) is completed, themediator shall submit a summary of the parties' understanding to thehearing officer within five days after it is signed by the parties. Uponreceipt of the summary, the hearing officer shall enter an order inaccordance with the parties' agreement or set a time and place fora hearing on the matter, which shall be not more than 10 days after thesummary is received by the hearing officer.
(e) If mediation ordered pursuant to subsection(c) is terminatedpursuant to K.S.A. 23-604 and amendments thereto, the mediatorshall report the termination to the hearing officer within five days afterthe termination. Upon receipt of the report, the matter shall be set forhearing. Any suchhearing shall be not more than 10 days after the mediator's report oftermination is received by the hearing officer.
(f) Notice of the hearing date set by the hearing officershall be givento all interested parties by certified mail, return receipt requested, oras the court may order.
(g) If, upon hearing thehearing officerfinds that there has been an unreasonable interference with or denial ofvisitation or parenting time, the hearingofficer shall enter anorderproviding for one or more of the following:
(1) A specific schedule for visitation or parentingtime;
(2) compensating visitation or parenting time to the party sufferinginterference or denial ofvisitation or parenting time, which time shall be of the same type (e.g.,holiday,weekday, weekend, summer) as forwhich denial or interference was found and which shall beat the convenience of the party suffering the denial or interference ofvisitation orparentingtime;
(3) the posting of a bond, either cash or with sufficient sureties,conditioned upon compliance with the ordergranting visitation rights or parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs of theproceedingsto enforce visitation rights or parenting time against the personresponsibleforthe unreasonable denial or interference with visitation or parenting timeother than the child;
(5) attendance of one or more of the parties to theaction at counseling or educational sessionswhich focus on the impact on children ofdisputes regarding visitation or parenting time. Expenses shall be assessed tothe person responsible for the denial or interference with visitation orparenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer considersappropriate, except, if a hearing officer is not a districtjudge, the hearing officer shall not enter any orderwhichgrants a new order, or modifies an existingorder for child support, childcustody, residency, or maintenance.
(h) Decisions of any hearing officer who is not adistrict judge shall be subject to review bya district judge on the motion of any party filed within 10 daysafter the order was entered.
(i) In nocase shall final disposition of a motion filed pursuant tothis section take place more than 45 days after the filing of such motion.
History: L. 1986, ch. 138, § 1; L. 1986, ch. 133, § 4;L. 1999, ch. 57, § 42;L. 2000, ch. 171, § 7; July 1.
