23-37,206. Simultaneous proceedings. (UCCJEA 206). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state may not exercise its jurisdiction under K.S.A. 2021 Supp. 23-37,201 through 23-37,210, and amendments thereto, if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under K.S.A. 2021 Supp. 23-37,207, and amendments thereto.
(b) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to K.S.A. 2021 Supp. 23-37,209, and amendments thereto. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
History: L. 2000, ch. 171, ยง 48; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea)
23-37,103 Proceeding governed by other law.
23-37,104 Application to Indian tribes.
23-37,105 International application of act.
23-37,106 Effect of child-custody determination.
23-37,108 Notice to persons outside state.
23-37,109 Appearance and limited immunity.
23-37,110 Communication between courts.
23-37,111 Taking testimony in another state.
23-37,112 Cooperation between courts; preservation of records.
23-37,201 Initial child-custody jurisdiction.
23-37,202 Exclusive, continuing jurisdiction.
23-37,203 Jurisdiction to modify determination.
23-37,204 Temporary emergency jurisdiction.
23-37,205 Notice; opportunity to be heard; joinder.
23-37,206 Simultaneous proceedings.
23-37,208 Jurisdiction declines by reason of conduct.
23-37,209 Information to be submitted to court.
23-37,210 Appearance to parties and child.
23-37,301 Definitions; enforcement.
23-37,302 Enforcement under Hague Convention.
23-37,304 Temporary visitation.
23-37,305 Registration of child-custody determination.
23-37,306 Enforcement of registered determination.
23-37,307 Simultaneous proceedings.
23-37,308 Expedited enforcement of child-custody determination.
23-37,309 Service of petition and order.
23-37,311 Warrant to take physical custody of child.
23-37,312 Costs, fees, and expenses.
23-37,313 Recognition and enforcement.
23-37,316 Role of law enforcement.
23-37,401 Application and construction.