Kansas Emergency Custody Motion

Q: What must I show a Kansas court to change a child's residency ex parte?

Under K.S.A. 23-2707(b), no ex parte order may change a child's residency from the parent with sole de facto residency to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. The court decides whether the showing is made.

Q: Does Kansas require notice to the other parent before an ex parte custody order?

K.S.A. 23-2707(b) says ex parte orders may be entered upon compliance with rules of the supreme court. The statute itself does not state a notice period or exception, so ask the district court clerk about the applicable rules before filing.

Q: How long does a Kansas ex parte custody order last?

An interlocutory order under K.S.A. 23-2707(a) lasts during the pendency of the action until final judgment. A Protection from Abuse emergency order expires at 5:00 p.m. on the first day the court resumes business (K.S.A. 60-3105(b)).

Q: Can Kansas courts act if the child is only temporarily in the state?

Under K.S.A. 23-37,204, a Kansas court has temporary emergency jurisdiction if the child is present in Kansas and has been abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Do I need an open case to ask for an ex parte custody order in Kansas?

Yes for K.S.A. 23-2707: the order is made in a pending divorce, annulment or separate maintenance action. A Protection from Abuse petition under K.S.A. 60-3104 is a separate route and can be filed with any district judge or the clerk.

Q: Is a Kansas protection from abuse order different from a custody motion?

Yes. A parent may petition on behalf of a minor child under K.S.A. 60-3104 with a verified petition and no docket fee. A temporary order may be ex parte on immediate and present danger of abuse, but under K.S.A. 60-3106(b) it does not modify an existing custody order without sworn testimony at a hearing showing good cause.

Q: Can I keep my child from the other parent while I wait for a Kansas court?

Ask the court for the specific temporary orders you need rather than acting on your own. If a child is in danger, call 911.

Ex parte order in divorce, annulment or separate maintenance; vacate heard 14 days from request

Find out where you stand in Kansas

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Introduction

K.S.A. 23-2707(b) allows an ex parte temporary order in a pending divorce, annulment or separate maintenance case; a motion to vacate or modify it must be heard within 14 days of the request.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Kansas uses the term ex parte interlocutory (temporary) order, not emergency custody order. It is authorized by K.S.A. 23-2707(a)(3) and (b) and requires a pending divorce, annulment or separate maintenance action. The word emergency order appears in the Protection from Abuse Act.
3
K.S.A. 23-2707(b) says no ex parte order shall have the effect of changing the residency of a minor child from the parent who has had the sole de facto residency of the child to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. The court decides whether that showing is made.
4
K.S.A. 23-2707(b) says these orders may be entered after ex parte hearing upon compliance with rules of the supreme court. Ask the clerk of the district court about those rules, including notice to the other parent, before filing.
5
If an interlocutory order is issued ex parte, the court shall hear a motion to vacate or modify the order within 14 days of the date on which a party requests a hearing. The 14 days run from the request, not from the order. An interlocutory order lasts during the pendency of the action until final judgment (K.S.A. 23-2707(a)).
6
For temporary emergency jurisdiction, K.S.A. 23-37,204 applies when the child is present in Kansas and has been abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
7
For abuse, a parent may petition for the child under the Protection from Abuse Act, K.S.A. 60-3104 to 60-3107, with no docket fee. A temporary order may be issued ex parte on immediate and present danger of abuse, with a full hearing within 21 days of filing. For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Kansas, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS [DIVISION, IF ANY]

IN THE MATTER OF THE MARRIAGE OF [PARENT NAME], Petitioner/Respondent, and [OTHER PARENT NAME], Respondent/Petitioner. CASE NO. [CASE NUMBER]

MOTION FOR EX PARTE TEMPORARY ORDER REGARDING A MINOR CHILD, WITH AFFIDAVIT

Movant, [PARENT NAME], moves under K.S.A. 23-2707 for a temporary order and states:

PENDING ACTION: A divorce, annulment or separate maintenance action is pending as case number [CASE NUMBER], filed on [DATE].
CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [COUNTY], Kansas, with [PARENT WITH DAY-TO-DAY RESIDENCY].
EXISTING ORDERS AND CASES: [CASE NUMBER AND COURT OF EACH CUSTODY, PROTECTION FROM ABUSE OR CHILD IN NEED OF CARE CASE, OR NONE].
EMERGENCY: [FACTS OF WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
EXTRAORDINARY CIRCUMSTANCES: Movant asks to change the child's residency from the parent who has had sole de facto residency to the other parent, and the following facts, sworn below, show extraordinary circumstances: [FACTS, OR NOT APPLICABLE].
TEMPORARY EMERGENCY JURISDICTION: The child is present in Kansas and Movant asks the court to act under K.S.A. 23-37,204 because the child has been abandoned, or it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse: [FACTS, OR NOT APPLICABLE].

REQUESTED TEMPORARY ORDERS (ALTERNATIVES): [ ] A. Temporary residency of the child with Movant until further order. [ ] B. Parenting time for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL HEARING. [ ] C. An order that the other parent not HARM THE CHILD OR REMOVE THE CHILD FROM KANSAS. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. Notice of this motion was given to the other parent on [DATE] by [METHOD]. [ ] B. No notice was given because: [FACTS].

______________________ [PARENT NAME], [ADDRESS, PHONE, EMAIL]

AFFIDAVIT STATE OF KANSAS, COUNTY OF [COUNTY], ss: I, [PARENT NAME], being first duly sworn, state that I have read this motion and that the facts stated in it are true. ______________________ [PARENT NAME] Subscribed and sworn to before me on [DATE]. ______________________ Notary Public. My commission expires: [DATE]

CERTIFICATE OF SERVICE I certify that a copy of this motion was sent on [DATE] by [METHOD] to [OTHER PARENT OR COUNSEL, ADDRESS]. No service was made before filing because: [REASON, OR NOT APPLICABLE]. ______________________ [PARENT NAME]

Kansas Requirements for Emergency Custody Motion

Pending divorce action
K.S.A. 23-2707 interlocutory orders are made in a pending divorce, annulment or separate maintenance action.
Ex parte hearing under court rules
Orders under K.S.A. 23-2707(a)(3) may be entered after ex parte hearing upon compliance with rules of the supreme court.
Extraordinary circumstances to change residency
No ex parte order may change residency from the parent with sole de facto residency to the other parent unless sworn testimony supports a showing of extraordinary circumstances (K.S.A. 23-2707(b)).
Hearing within 14 days of request
The court shall hear a motion to vacate or modify an ex parte order within 14 days of the date a party requests a hearing (K.S.A. 23-2707(b)).
Temporary emergency jurisdiction
K.S.A. 23-37,204 applies when the child is present in Kansas and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and the specific harm threatened, in the sworn affidavit.
Specific temporary orders requested
List each order sought, such as temporary residency, limited or supervised parenting time, or a restraint, as separate alternatives.

Frequently Asked Questions

What is the Kansas name for an emergency custody order?

What must I show a Kansas court to change a child's residency ex parte?

Does Kansas require notice to the other parent before an ex parte custody order?

How soon is the hearing after a Kansas ex parte order?

How long does a Kansas ex parte custody order last?

Can Kansas courts act if the child is only temporarily in the state?

Do I need an open case to ask for an ex parte custody order in Kansas?

Is a Kansas protection from abuse order different from a custody motion?

Can I keep my child from the other parent while I wait for a Kansas court?

Find out where you stand in Kansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Kansas Requirements for Emergency Custody Motion

Pending divorce action

Ex parte hearing under court rules

Extraordinary circumstances to change residency

Hearing within 14 days of request

Temporary emergency jurisdiction

Facts of the emergency

Specific temporary orders requested

Frequently Asked Questions