SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2017
As Recommended by House Committee on
Judiciary

Brief*
HB 2017 would enact the Uniform Family Law Arbitration
Act (UFLAA).

Definitions (Section 2)
The bill would define various terms used throughout the
UFLAA, including:
● “Arbitration agreement” would mean an agreement
that subjects a family law dispute to arbitration;
● “Child-related dispute” would mean a family law
dispute regarding legal custody, residency,
parenting time, visitation, or financial support
regarding a child; and
● “Family law dispute” would mean a contested issue
arising under the Kansas Family Law Code.
Applicability (Sections 3-4)
The bill would state the UFLAA governs arbitration of a
family law dispute but would not authorize an arbitrator to
make an award that:
● Grants a decree of divorce, annulment, or separate
maintenance;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Terminates parental rights;
● Grants an adoption or a guardianship of a child or
incapacitated individual;
● Determines the status of a child in need of care; or
● Determines the existence or nonexistence of the
parent and child relationship.
The bill would state, except as otherwise provided by the
UFLAA, the Revised Uniform Arbitration Act (RUAA) applies
to arbitration, and in determining the merits of a family law
dispute, an arbitrator would be required to apply the law of
this state, including its choice of law rules.
Agreement and Enforceability (Section 5)
The UFLAA would require an arbitration agreement:
● Be in a record signed by the parties;
● Identify the arbitrator, an arbitration organization, or
a method of selecting an arbitrator; and
● Identify the family law dispute the parties intend to
arbitrate.
Except in the case of a child-related dispute, an
agreement to submit to arbitration for an existing or
subsequent family law dispute arising between the parties
would be valid, enforceable, and irrevocable, except upon a
ground that exists at law or in equity for the revocation of a
contract. An agreement to arbitrate a child-related dispute
that arises between the parties after the agreement is made
would be unenforceable unless the parties affirm the
agreement in a record after the dispute arises or the
agreement was entered during a family law proceeding and
the court approved or incorporated the agreement in an order
issued in the proceeding.
2- 2017
 If a party objects to arbitration on the grounds that the
agreement is unenforceable or does not include a family law
dispute, the court would decide.
Initiation of Arbitration (Section 6)
The bill would state a party may initiate arbitration by
giving notice to the other party as specified in the arbitration
agreement, or if unspecified, pursuant to the RUAA.
Motions for Judicial Relief (Section 7)
A motion for judicial relief under the UFLAA would be
required to be made to the court in which a proceeding is
pending that involves a family law dispute subject to
arbitration, if such exists. Otherwise, the motion could be
made in a court with jurisdiction over the parties and the
subject matter.
Motion to Compel
On motion of a party, the court could compel arbitration
if the parties have entered into a valid agreement pursuant to
the UFLAA, unless the court determines the arbitration should
not proceed for reasons related to a party’s safety or ability to
effectively participate.
Motion to Terminate
On motion of a party, the court would be required to
terminate arbitration if it determines that the:
● Agreement is unenforceable;
● Family law dispute is not subject to arbitration; or


3- 2017
 ● Arbitration should not proceed for reasons related
to a party’s safety or ability to effectively
participate.
Motion to Consolidate
Unless the agreement prohibits consolidation, and if
necessary for the fair and expeditious resolution of the family
law dispute, a court could order consolidation of separate
arbitrations involving the same parties and common issue of
law or fact, upon motion of a party.
Requirements of Arbitrator (Section 8)
Unless waived by the parties, or if the arbitrator is
otherwise identified in the agreement, an arbitrator would be
required to be trained in identifying domestic violence and
child abuse and be:
● An attorney in good standing admitted to practice
law;
● An attorney in good standing on inactive status; or
● A judge on retired status.
Upon motion of a party, the court would select an
arbitrator if an arbitrator is unable or unwilling to act or if the
method of selecting an arbitrator fails.
Disclosures of Arbitrator; Disqualification of Arbitrator
(Section 9)
The UFLAA would require an individual, after making
reasonable inquiry and before agreeing to serve as arbitrator,
to disclose any known facts that a reasonable person would
consider likely to affect impartiality, including financial or
personal interest in the arbitration outcome or existing or past

4- 2017
relationships with certain persons involved in the arbitration or
the arbitrator’s ability to make a timely award. An arbitrator,
party, or party attorney would have a continuing obligation to
disclose such facts, and the UFLAA would include procedures
for suspending arbitration or vacating of awards based on the
failure to disclose such facts.
Any objection to the selection or continued service of an
arbitrator, a motion for stay of arbitration, and disqualification
of the arbitrator would be required to be made pursuant to the
law and procedure of the state, in addition to the UFLAA.
If an arbitrator is disqualified or the parties agree to
discharge an arbitrator, the parties could select a new
arbitrator or request the court select another qualified
arbitrator pursuant to applicable law and procedure.
Rights of Parties (Section 10)
The UFLAA would provide that a party may be
represented by an attorney, be accompanied by an individual
who will not be called as a witness or act as advocate, and
participate in the arbitration to the full extent permitted by
Kansas law governing contractual arbitration. Ex parte
communication would not be allowed by a party or party’s
representative, except to the extent such communications are
allowed in a family law proceeding.
Temporary Orders and Awards; Disposition of Arbitration
(Section 11)
Temporary orders related to parentage, divorce, support
orders, or custody could be entered by a court upon motion of
a party before an arbitrator is selected and able to act and a
temporary award for such matters could be made after an
arbitrator is selected. In addition, the court could enter a
temporary order when the matter is urgent and an arbitrator
would not be able to act in a timely manner or provide an
adequate remedy. Temporary awards made could be
5- 2017
confirmed, corrected, vacated, or amended before the court
confirms a final award, upon motion of a party.
The UFLAA would grant the court discretion to enforce a
subpoena or interim award issued by an arbitrator for the fair
and expeditious disposition of the arbitration, upon motion of
a party.
Protection Orders; Stay of Arbitration (Section 12)
The UFLAA would require the arbitrator to stay the
arbitration and refer the parties to court if a party is subject to
a protection order, as defined by the bill, or if the arbitrator
has a reasonable belief a party’s safety or ability to participate
effectively is at risk. The arbitration would not proceed unless
the party at risk affirms, and the court determines such
affirmation is informed and voluntary, the arbitration
agreement in a record. The court also would be required to
determine the arbitration is not inconsistent with the
protection order, and reasonable procedures are in place to
protect the party from risk, harm, harassment, or intimidation.
The arbitrator would be required to terminate the
arbitration and report to the Department for Children and
Families if the arbitrator has a reasonable belief a child
subject of a child-related dispute is abused or neglected.
An arbitrator would be allowed to make a temporary
award to protect a party or child from harm, harassment, or
intimidation; on motion of a party, the court could stay
arbitration and review the determination of the temporary
award.
The provisions of this section of the UFLAA would
supplement other remedies available to victims of domestic
violence, family violence, stalking, harassment, or other
similar abuse under Kansas law.


6- 2017
Authority of Arbitrator (Section 13)
The arbitrator would be required to conduct arbitration
as the arbitrator considers appropriate for a fair and
expeditious disposition and to provide each party a right to be
heard, to present evidence material to the family law dispute,
and to cross-examine witnesses. Unless the parties otherwise
agree in a record, the arbitrator’s authority would include the
power to:
● Select the rules for conducting the arbitration;
● Hold conferences with the parties before a hearing;
● Determine the date, time, and place of a hearing;
● Require a party to provide a copy of a relevant
court order, information required to be disclosed in
a family law proceeding, and a proposed award
that addresses each issue in arbitration;
● Meet with or interview a child who is subject of a
child-related dispute;
● Appoint a private expert at the expense of the
parties;
● Administer an oath or affirmation and issue a
subpoena for the attendance of a witness or the
production of evidence at a hearing;
● Compel discovery and determine the date, time,
and place of discovery;
● Determine the admissibility and weight of evidence;
● Permit deposition of a witness;
● For good cause, prohibit a party from disclosing
information;

7- 2017
 ● Appoint an attorney, guardian ad litem, or other
representative for a child at the expense of the
parties;
● Impose a procedure to protect a party or child from
risk of harm, harassment, or intimidation;
● Allocate fees and other costs to the parties; and
● Impose a sanction on a party for bad faith or
misconduct.
The arbitrator could not allow ex parte communication
except to the extent allowed in a family law proceeding.
Recording of Arbitration (Section 14)
An arbitration hearing would not need to be recorded
unless required by the arbitrator, provided by the arbitration
agreement, or requested by a party. In a hearing concerning
a child-related dispute, the arbitrator would be required to
request a verbatim recording of any part.
Awards (Sections 15-23)
The arbitrator would be required to date, sign, and give
reasons on which the award is based unless otherwise
agreed by the parties, and give notice of such award to each
party by an agreed-upon method, or in the absence of an
agreement, under law governing notice in contractual
arbitration. An award determining a child-related dispute
would be required to state the reasons on which it is based
pursuant to law governing court orders in a family law
proceeding.
The court would be required to enter a judgment in
conformity with an order confirming, vacating without directing
a rehearing, or amending an award under the UFLAA.

8- 2017
 The court could order a document or part of the
arbitration record to be sealed or redacted to prevent public
disclosure of all or part of the record or award, upon motion of
a party.
If the meaning or the effect of an award would be
disputed, the parties could agree to arbitrate the dispute
before the original arbitrator or another arbitrator or go to
court to clarify the judgment in a family law proceeding.
Confirmation (Section 16)
The UFLAA would state an award is not enforceable
until confirmed. A party could move the court for an order
confirming the award after the arbitrator gives notice of such
award, if the parties agree or the time has expired for making
a motion, and no motion to correct or vacate is pending.
If the award determines a child-related dispute, the court
would be required to confirm the award if it finds the award on
its face complies with applicable law and is in the best
interests of the child.
Correction (Sections 17-18)
An arbitrator could correct an award, upon motion by a
party made within 30 days after the arbitrator gives notice of
an award:
● If the award has an evident mathematical
miscalculation or an evident mistake in the
description of a person, thing, or property;
● If the award is imperfect in a matter of form not
affecting the merits on the issues submitted; or
● To clarify the award.


9- 2017
 A court would be required to correct an award, upon
motion by a party made within 90 days after the arbitrator
gives notice of an award if:
● The award has an evident mathematical
miscalculation or an evident mistake in the
description of a person, thing, or property;
● If the award is imperfect in a matter of form not
affecting the merits on the issues submitted; or
● The arbitrator made an award on a dispute not
submitted to the arbitrator, and the award may be
corrected without affecting the merits of the issues
submitted.
A motion to correct could be joined with a motion to
vacate or amend the award, and unless a motion to vacate is
pending, the court could confirm a corrected award.
Vacation (Section 19)
A court would be required to vacate an award upon
motion by a party if:
● The award was procured by corruption, fraud, or
other undue means;
● There was evident partiality, corruption, or
misconduct substantially prejudicing the rights of a
party by an arbitrator;
● The arbitrator refused to postpone the hearing
upon sufficient cause, consider material evidence,
or otherwise conduct the hearing to substantially
prejudice the rights of a party;
● The arbitrator exceeded the arbitrator’s powers;


10- 2017
 ● There was no agreement to arbitrate, unless the
moving party participated without making a motion
for judicial relief before the first arbitration hearing;
and
● The arbitration was conducted without proper
notice of initiation, and the rights of a party were
substantially prejudiced.
A court, using the record of the arbitration hearing and
facts occurring after the hearing, would be required to vacate
(or amend, if amending is in the best interests of the child) an
award for a child-related dispute if:
● The award does not comply with applicable law or
is contrary to the best interests of the child;
● The record of the hearing or the statement of
reasons in the award is inadequate; or
● There exists a basis for vacating the award under
the section governing family law disputes other
than child-related disputes.
A motion to vacate or amend would have to be filed
within 90 days after receiving notice of the award unless the
movant alleges corruption, fraud, or undue means, in which
case the motion would have to be filed within 90 days after
the grounds are known or would have been known by
exercise of reasonable care. Upon vacating an award on
grounds other than no agreement, the court could order a
rehearing. If the grounds are corruption, fraud, or partiality,
corruption, or misconduct by the arbitrator, a rehearing would
be required to be conducted before a new arbitrator.
If the court denies a motion to vacate or amend, it would
be required to confirm the award unless a motion to correct
the award is pending.


11- 2017
Modification (Section 22)
If a party requests a modification of a confirmed award
or judgment on an award based on a fact occurring after
confirmation, the parties would be required to proceed under
the dispute resolution method specified in the award or
judgment, if one exists. If no dispute resolution method is
specified, the parties could agree to arbitrate the modification
before the original or another arbitrator or proceed pursuant
to law governing modification of a judgment in a family law
proceeding.
Enforcement (Section 23)
The UFLAA would require the court to enforce an
arbitration award, a temporary award, or award in a family law
dispute confirmed by a court in another state in the same
manner and extent as any other order or judgment of a court
or another state’s court.
Appeals (Section 24)
An appeal would be in the same form as from an order