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RULE 19. CHILDREN IN DOMESTIC RELATIONS ACTIONS
- 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 or Protection from Stalking,
Sexual Assault or Human Trafficking Act case unless the party proposing to call the child as a
witness has:
- Notified the court and opposing counsel, or the opposing party if pro se, of the
intention to call the child witness; and,
- The court has considered whether the testimony of the child is appropriate or might
be harmful to the child; and,
- 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. 23-3209, child custody investigation or other investigation pursuant to K.S.A.
23-3210, etc.); and
- The court has determined that the exclusion of the child witness would unduly
prejudice the ability of the offering party.
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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 or Protection from Stalking, Sexual Assault or Human Trafficking Act case shall be
present during any hearing, trial, or conference held in that domestic relations action or
Protection from Abuse Act or Protection from Stalking Act, Sexual Assault or Human Trafficking
Act case without the prior approval of the judge to whom the case is assigned.
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