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CIVIL RULE NO. 19

Children in Domestic Relations Actions and Protection from Abuse Act Cases

1. Children as Witnesses. No person under the age of 18 years shall be called as a witness in any domestic relations action or in any Protection from Abuse Act case unless the party proposing to call the child as a witness has:

A. Notified the court and opposing counsel, or the opposing party if pro se, of the intention to call the child witness; and,

B. The court has considered whether the testimony of the child is appropriate or might be harmful to the child; and,

C. The court has determined that alternative methods of eliciting the testimony to be offered by the child witness are unavailable or inadvisable (e.g., court interview pursuant to K.S.A. 60-1614, child custody investigation or other investigation pursuant to K.S.A. 60-1615, etc.); and

D. The court has determined that the exclusion of the child witness would unduly prejudice the ability of the offering party.

2. Children's Physical Presence at Court Proceedings. No person under the age of 18 years who is subject to the jurisdiction of the court in a domestic relations action or Protection from Abuse Act case shall be present during any hearing, trial, or conference held in that domestic relations action or Protection from Abuse Act case without the prior approval of the judge to whom the case is assigned.