Kansas parties could arbitrate family law disputes with court review

The bill would provide rules for arbitrating family law disputes. The rules cover contested issues under Kansas family law. An arbitrator must apply Kansas law. An arbitrator could not grant a divorce, end parental rights, approve an adoption or guardianship, decide a child-in-need-of-care case, or decide whether a parent-child relationship exists. The bill would apply to agreements made on or after July 1, 2025. Parties could choose in writing to apply it to an earlier agreement.

A court could order arbitration or stop it in specified situations. These rules apply when a party asks a court to address arbitration of a covered dispute. A court must stop arbitration if the agreement cannot be enforced, the dispute is not covered, or safety rules require it to stop. A later dispute about a child needs renewed written agreement after the dispute starts, unless a court approved or included the agreement in an order during a family law case.

An arbitrator would hear both sides and issue a written decision for possible court review. These rules concern decisions made through arbitration under the proposed act, including disputes about a child. For a decision about a child, a court would confirm it only if it follows state law and serves the child's best interests. A confirmed decision could be enforced like a court judgment. A party could ask the arbitrator to correct a decision within 30 days after notice. A court motion to correct, vacate, or amend generally must be filed within 90 days.