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Previous CIVIL RULE - NO. 25 Next

RULE 25. DIVORCE AND PARENTAGE CASES: TEMPORARY RESTRAINING ORDERS; EX PARTE TEMPORARY ORDERS OF CUSTODY AND SUPPORT; LIMITED EX PARTE ORDERS IN PARENTAGE CASES; TEMPORARY ORDERS UPON HEARING; IMMEDIATE EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE

• Temporary Restraining Orders in Divorce Cases. Parties requesting temporary restraining orders, ex parte or otherwise, shall use Domestic Form 1, separately or combined with Domestic Forms 2 or 3, unless a judge has specifically approved a different form. Parties may not submit a modified Domestic Form 1 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck. These temporary restraining orders shall issue upon request of either party.
• Ex Parte Temporary Orders of Child Custody and Support in Divorce Cases. Parties requesting ex parte temporary orders of child custody and support shall use Domestic Form 2, with or without the restraining orders, unless a judge has specifically approved a different form. Parties may not submit a substantively modified Domestic Form 2 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
• Limited Ex Parte Orders in Parentage Cases. Ex parte temporary orders in parentage cases shall be limited to orders restraining both parties from harassing or interfering with the privacy rights of each other and/or an order confirming existing de facto custody of a child. See K.S.A. 23-2224.
• Temporary Orders upon Hearing. Other temporary orders after hearing in parentage or divorce cases shall use Domestic Form 3, with or without the restraining orders, unless a judge has specifically approved a different form. Parties may not submit substantive modifications of Domestic Form 3 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
• Immediate Exclusive Possession of the Marital Residence. Ex parte orders immediately granting exclusive possession of a residence to a party will not be granted absent evidence of a risk of violence or other extraordinary circumstances.

COURT APPROVED DOMESTIC FORM 1

TEMPORARY DOMESTIC RESTRAINING ORDERS

NOW on this _____ day of ___________, 20___ upon application of the (petitioner) (respondent), the Court issues the following Temporary Restraining Orders to remain in effect until modified or terminated.

• Both parties are restrained and prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home or work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither party shall physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety. The terms of this Order shall be enforceable by any law enforcement officer to whom a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer upon request without further Order of the Court. The parties are each advised that violation of this Order may constitute violation of a protective order under K.S.A. 21-5924, as amended.
• Both parties are both restrained and prohibited from altering, removing, selling, giving away, disposing, hiding, spending, mortgaging, pledging, or encumbering any assets, including withdrawals from checking, savings or other financial accounts, unless reasonably necessary for normal day-to-day business or personal expenses, for reasonable attorneys’ fees and litigation expenses, in order to comply with this court’s orders, or with written consent from both parties.
• Both parties are restrained from destroying, altering or hiding any personal or business records, whether written, electronic, or any other form.
• Both parties are restrained and prohibited from modifying, altering, changing or canceling any coverage, persons insured or beneficiaries named on any existing insurance policy, whether for life, medical, dental, health, vehicle, disability, death, dismemberment or other type or kind of insurance, unless with written consent from both parties.
• Other Orders:
  a.
  b.
  c.
  d.
  

COURT APPROVED DOMESTIC FORM 2

EX PARTE TEMPORARY ORDERS

NOW on this _____ day of ___________, 20___ the above captioned matter comes on for hearing on Petitioner’s Motion for Ex Parte Temporary Orders. Petitioner appears by __________________. Whereupon, after reviewing Petitioner’s verified Petition, Proposed Temporary Parenting Plan, Domestic Relations Affidavit, proposed Child Support Worksheet and hearing statements of counsel, the Court issues the following Temporary Orders to remain in effect until modified or terminated. These Orders are temporary in nature and not necessarily indicative of how this case may be resolved. Respondent may move to modify these temporary orders at any time pursuant to K.S.A. 23-2707.

• Both parties are restrained and prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home or work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither party shall physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety. The terms of this Order shall be enforceable by any law enforcement officer to whom a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer upon request without further Order of the Court. The parties are each advised that violation of this Order may constitute violation of a protective order under K.S.A. 21-5924, as amended.
• Both parties are both restrained and prohibited from altering, removing, selling, giving away, disposing, hiding, spending, mortgaging, pledging, or encumbering any assets, including withdrawals from checking, savings or other financial accounts, unless reasonably necessary for normal day-to-day business or personal expenses, for reasonable attorneys’ fees and litigation expenses, in order to comply with this court’s orders, or with written consent from both parties.
• Both parties are restrained from destroying, altering or hiding any personal or business records, whether written, electronic, or any other form.
• Both parties are restrained and prohibited from modifying, altering, changing or canceling any coverage, persons insured or beneficiaries named on any existing insurance policy, whether for life, medical, dental, health, vehicle, disability, death, dismemberment or other type or kind of insurance, unless with written consent from both parties.
• Child-Custody Jurisdiction. The Court makes a preliminary non-binding finding of child-custody jurisdiction under the following UCCJEA provision: (home state) (significant connection) (emergency).
• Children. The parties shall have joint legal custody of the following minor child(ren): (Name and age).
  

  “Joint legal custody” means both parents have equal rights to involvement in and responsibility for decisions affecting their child(ren)’s health, education and welfare and does not have any bearing on the amount of time either parent spends with the child(ren). As “joint legal custodians” neither parent has a primary right to decide matters regarding any child’s health, education or schedule, without consulting the other parent or without that other parent’s input to that decision, although many day-to-day decisions about a child may be made by the parent with whom the child is then spending time.

• Parenting Time. Both parents shall have parenting time with the child(ren). Time with both parents is the child’s right. The current daycare and school arrangements shall not be changed absent written agreement of the parents or Court order. Parent A is the Petitioner. Parent B is the Respondent.
  Parent A currently resides at:
  
  Parent B currently resides at:
  
  

  The parents shall follow the temporary parenting time arrangement below, subject to minor alterations by agreement between the parties (set out the schedule in as much detail as possible, excluding holidays unless imminent; do not simply reference the parenting plan or bar association guidelines):

  
  Parent A's Parenting Time. Parent A shall have the following parenting times:
  
  Parent B's Parenting Time. Parent B shall have the following parenting times:
  
  Parenting Time Restrictions. The following parenting time restrictions apply: (supervised, exchange provisions, etc.):
  
  
• Civility and Protection of the Child(ren) from Harmful Conflict. Each parent shall make every possible effort to protect their child(ren) from awareness of or involvement in conflict between the parents. Neither parent shall allow the minor child(ren) to read court pleadings or related documents. Neither parent shall make or allow others to make any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates), while the minor child(ren) is/are present or can hear or read such remarks. Each parent shall make sure the minor child(ren) is/are not within the presence of any person making any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates).
• Child Support. ______________ shall pay to _______________ $___________ each month as temporary child support, payable as provided in paragraph (12).
• Spousal Support. ______________ shall pay to _______________ $___________ each month as temporary spousal support, payable as provided in paragraph (12).
• Payment Due Dates. Support payments shall be due on a monthly basis beginning _________________, 20___.
• Payment Location. All support payments shall be paid through the Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675-8599. Payments shall contain both the case number and the designation of “JO.” Both parents shall provide the Kansas Payment Center and the District Court Trustee’s Office with any information requested and shall provide written notice of any change of name, residence address, or employer within seven (7) days after the change.
• Other Orders.
  a.
  b.
  

COURT APPROVED DOMESTIC FORM 3

TEMPORARY ORDERS

NOW on this _____ day of __________________ 20__, the above captioned matter comes on for hearing on (Petitioner’s) (Respondent’s) Motion (for) (to Modify) Temporary Orders. Petitioner appears (with) (by) ______________. Respondent appears (with) (by) ________________. Whereupon, after reviewing the (verified Petition) (Proposed Parenting Plan) (Domestic Relations Affidavit) (proposed Child Support Worksheet) (exhibits) submitted by the parties and hearing statements of counsel, the Court issues the following Temporary Orders to remain in effect until modified or terminated. These Temporary Orders supersede all previously filed temporary orders.

• Both parties are restrained and prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home or work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither party shall physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety. The terms of this Order shall be enforceable by any law enforcement officer to whom a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer upon request without further Order of the Court. The parties are each advised that violation of this Order may constitute violation of a protective order under K.S.A. 21-5924, as amended.
• Both parties are both restrained and prohibited from altering, removing, selling, giving away, disposing, hiding, spending, mortgaging, pledging, or encumbering any assets, including withdrawals from checking, savings or other financial accounts, unless reasonably necessary for normal day-to-day business or personal expenses, for reasonable attorneys’ fees and litigation expenses, in order to comply with this court’s orders, or with written consent from both parties.
• Both parties are restrained from destroying, altering or hiding any personal or business records, whether written, electronic, or any other form.
• Both parties are restrained and prohibited from modifying, altering, changing or canceling any coverage, persons insured or beneficiaries named on any existing insurance policy, whether for life, medical, dental, health, vehicle, disability, death, dismemberment or other type or kind of insurance, unless with written consent from both parties.
• Child-Custody Jurisdiction. The Court makes a preliminary non-binding finding of child-custody jurisdiction under the following UCCJEA provision: (home state) (significant connection) (emergency).
• Children. The parties shall have joint legal custody of the following minor child(ren): (Name and age).
  

  “Joint legal custody” means both parents have equal rights to involvement in and responsibility for decisions affecting their child(ren)’s health, education and welfare and does not have any bearing on the amount of time either parent spends with the child(ren). As “joint legal custodians” neither parent has a primary right to decide matters regarding any child’s health, education or schedule, without consulting the other parent or without that other parent’s input to that decision, although many day-to-day decisions about a child may be made by the parent with whom the child is then spending time.

• Parenting Time. Both parents shall have parenting time with the child(ren). Time with both parents is the child’s right. The current daycare and school arrangements shall not be changed absent written agreement of the parents or Court order. Parent A is the Petitioner. Parent B is the Respondent.
  Parent A currently resides at:
  Parent B currently resides at:
  
  

  The parents shall follow the temporary parenting time arrangement below, subject to minor alterations by agreement between the parties (set out the schedule in as much detail as possible, excluding holidays unless imminent; do not simply reference the parenting plan or bar association guidelines;only include reasonably imminent holidays)):

  
  Parent A's Parenting Time. Parent A shall have the following parenting times:
  
  Parent B's Parenting Time. Parent B shall have the following parenting times:
  
  Parenting Time Restrictions. The following parenting time restrictions apply: (supervised, exchange provisions, etc.):
  
  
• Civility and Protection of the Child(ren) from Harmful Conflict.. Each parent shall make every possible effort to protect their child(ren) from awareness of or involvement in conflict between the parents. Neither parent shall allow the minor child(ren) to read court pleadings or related documents. Neither parent shall make or allow others to make any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates), while the minor child(ren) is/are present or can hear or read such remarks. Each parent shall make sure the minor child(ren) is/are not within the presence of any person making any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates).
• Child Support. ______________ shall pay to _______________ $___________ each month as temporary child support, payable as provided in paragraph (12).
• Spousal Support. ______________ shall pay to _______________ $___________ each month as temporary spousal support, payable as provided in paragraph (12).
• Payment Due Dates. Support payments shall be due on a monthly basis beginning _________________, 20___.
• Payment Location. All support payments shall be paid through the Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675-8599. Payments shall contain both the case number and the designation of “JO.” Both parents shall provide the Kansas Payment Center and the District Court Trustee’s Office with any information requested and shall provide written notice of any change of name, residence address, or employer within seven (7) days after the change.
• Income Withholding Provisions. (use applicable provisions).
  • Child Support. (with or without spousal support). The District Court Trustee shall issue an immediate Income Withholding Order to Obligor’s employer under K.S.A. 23-4,107(b) to enforce this order for support.
  • Spousal Support Only. The District Court Trustee shall issue an income withholding order under K.S.A. 23-3103(b), if: (i) The obligor and obligee consent in writing to issuance; or (ii) an arrearage amount of at least two months support exists and (a) a Notice of Intent has been timely mailed to the parties and (b) either no motion to stay withholding has been filed or a motion to stay withholding was denied.
  • No withholding ordered. It is in the child(ren)’s best interests that no immediate automatic wage withholding order issue at this time. Income withholding from Obligor’s income shall take effect to enforce these support orders if: (i) This order is administered under Title IV-D, as defined by the District Court Trustee; or (ii) This order is not administered under Title IV-D, as defined by the District Court Trustee, and (a) There is an arrearage in support payments equal to or greater than the amount payable for one month, and (b) There is compliance with K.S.A. 23-3103, as amended.
• Other Orders.
  a.
  b.
  c.