{"data":{"id":"us-ks/k.s.a.-23-37-310","jurisdiction":"us-ks","citation":"K.S.A. 23-37,310","heading":"Hearing and order.","body":"(UCCJEA 310). (a) Unless the court issues a temporary emergency order pursuant to K.S.A. 23-37,204, and amendments thereto, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:\n(1) The child-custody determination has not been registered and confirmed under K.S.A. 23-37,305, and amendments thereto, and that:\n(A) The issuing court did not have jurisdiction under K.S.A. 23-37,201 through 23-37,210, and amendments thereto;\n(B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under K.S.A. 23-37,201 through 23-37,210, and amendments thereto; or\n(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of K.S.A. 23-37,108, and amendments thereto, in the proceedings before the court that issued the order for which enforcement is sought; or\n(2) the child-custody determination for which enforcement is sought was registered and confirmed under K.S.A. 23-37,305, and amendments thereto, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under K.S.A. 23-37,201 through 23-37,210, and amendments thereto.\n(b) The court shall award the fees, costs, and expenses authorized under K.S.A. 23-37,312, and amendments thereto, and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.\n(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.\n(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under K.S.A. 23-37,301 through 23-37,317, and amendments thereto.","path":["Chapter 23.—KANSAS FAMILY LAW CODE-REVISED","Article 37.—UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch23/023_037_0310.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:22Z","sha256":"47de5f06ae090912c3cf3c4bffba071bb290dde062e800c24962c5c2e25f98bc","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-23-37-309","next":"us-ks/k.s.a.-23-37-311"},"notice":"GroundRules: Original legal text. Not legal advice."}