23-37,315. Role of prosecutor. (UCCJEA 315). (a) In a case arising under this act or involving the Hague Convention on the civil aspects of international child abduction, the prosecutor may take any lawful action, including resort to a proceeding under K.S.A. 2021 Supp. 23-37,301 through 23-37,317, and amendments thereto, or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1) An existing child-custody determination;
(2) a request to do so from a court in a pending child-custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the civil aspects of international child abduction.
(b) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
History: L. 2000, ch. 171, ยง 67; 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.