60-1628. Modification of final order; specify factual allegations. - Kansas Statutes

60-1628

Chapter 60.--PROCEDURE, CIVIL Article 16.--DIVORCE AND MAINTENANCE

      60-1628.   Modification of final order; specifyfactual allegations.(a) A party filing a motion to modify a final orderpertaining to child custody or residential placement pursuant to K.S.A. 38-1101et seq. or K.S.A. 60-1601 et seq., and amendmentsthereto, shall include with specificity in the verified motion, or in anaccompanying affidavit, all known factual allegations which constitute thebasis for the change of custody or residential placement. If the court findsthat the allegations set forth in the motion or the accompanying affidavit failto establish a prima facie case, the court shall deny the motion.If the court finds that the motion establishes a prima facie case,the matter may be tried on factual issues.

      (b)   In the event the court is asked to issue an ex parte ordermodifying a final child custody or residential placement order based on allegedemergency circumstances, the court shall:

      (1)   Attempt to have the nonmoving party's counsel, if any, present beforetaking up the matter.

      (2)   Set the matter for review hearing at the earliest possible court settingafter issuance of the ex parte order, but in no case later than 15days after issuance.

      (3)   Require personal service of the order and notice of review hearing on thenonmoving party.

      No ex parte order modifying a final custody or residential placementorder shall be entered without sworn testimony to support a showing of thealleged emergency.

      History:   L. 2000, ch. 171, § 30; July 1.