Weekly Twitter Update 2015–March–29

: Appeals court does not reweigh or redetermine child custody move-away issues

: Protection Order cannot issue on same grounds court found insufficient in previous action –

: Internet literary and copyright criticisms about an identified person do not constitute ‘stalking’

: Trial court did not improperly apply LaMusga in denying custodial parent’s request to move

: Court did not err refusing to terminate alimony or hearing about parties’ intentions during their marriage

: Appeals courts do not redetermine divorce property or alimony issues; only decide if clear error was made

: Noncustodial parent cannot create ‘change of circumstances’ on which the parent relies to change custody

: Aggressiveness and failure to get along do not by themselves form basis to change child custody order

: Meaning of ‘profits’ is unambiguous when parties defined it in their marital separation agreement

: does not require 6 months residence where parents/child moved from intending to reside in

: Where parties filled out change of address forms upon moving to from , had divorce jurisdiction

: Alaska did not have jurisdiction where parents & child moved to Mississippi and H filed divorce

: not had jurisdiction where parents/child moved to & divorce filed only 2 months later

to set up system for arbitration to meet demands of overseas parents in cases

All the States’ response briefs in Marriage cases are linked here:

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Four States Set To Defend Marriage Bans At The Supreme Court – arguing tradition and that marriage is for procreation

Former child protection supervisor files ‘whistleblower’ lawsuit alleging firing for raising concerns:

: Determining restitution in criminal PFA violation case should not devolve into extended litigation #111665

: Restitution award for criminal violation of PFA Order valid if based on reliable evidence #111665

: Proper amount of restitution in criminal violation of protection from abuse order is discretionary #111665

: Appeals court affirms restitution award in criminal violation of protection from abuse orders case #111665

: Appellate request for attorneys’ fees must be timely filed or it will be summarily denied #110461

: Frustration with bickering attorneys is not sufficient basis to award discovery sanctions #110461

: Appealing party has duty to add documents to record that party wants the court to review #110461

: Appellate arguments without substance to support them are deemed abandoned #110461

: Appeals arguments not keyed to the record on appeal are deemed abandoned #110461

: Appeals arguments stated in conclusory manner without argument abandons those issues #110461

: Failure to provide adequate citation for appellate arguments waives those issues #110461

: It is the appellant’s duty to make sure record on appeal is sufficient for issues appealed from #110461

: Discovery sanction rule requires failure to obey court order & no substantial justification #110461

: Appeals court reverses attorney sanctions for discovery violation as without sufficient record #110461

: 2 related appeals decisions were issued today (2015-March-27): #110461 #111665

Updated Page: Kansas Family Law Appeals 2015

Proposed ‘gay death penalty’ is ‘reprehensible,’ says California AG in bid to stop ballot process

Updated Page: Kansas Family Law Appeals 2014

Texas federal court temporarily blocks federal rule giving medical leave benefits to certain same-sex couples

Kansas Senate approves legislation limiting seclusion & restraint of students, but language leaves large gaps

To be conferenceable a bill must have passes one chamber.

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: Court erred considering adult-child’s spouse’s income when setting parents’ college-education obligation

: Parties not cohabiting though extremely close, where not living together for significant consecutive time

: Court of Appeals interprets the word “cohabitating” for purposes of alimony obligation termination

Kansas Legislator who introduced bill targeting Kansas Supreme Court justices is identified

Sen. King and Rep. Barker discussing prioritization of bills and a mutual concern over lack of vehicles to bundle bills.

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 Ronald W Nelson, PA retweeted

Judicial conference committee set for 10:30 on Monday.

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Indiana Governor signs bill allowing businesses to refuse service/products to gay customers:

Both chambers have adjourned until Monday. SB 171—the local-elections bill—sent to House Tax to be blessed (except from time limits).

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 Ronald W Nelson, PA retweeted

Now Sen. Lynn’s talking about how maybe legislature should only meet every other year

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passes HCR 5016 which will put us in adjournment until Monday.

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 Ronald W Nelson, PA retweeted

Ballard amendment gets 40 yes and 83 no votes.

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 Ronald W Nelson, PA retweeted

Rep Ballard with an amendment that appears to remove guns from people who are suicidal/domestically violent.

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 Ronald W Nelson, PA retweeted

HB 2104 defines shall as “a mandatory duty and no court may construe that word in any other way”.

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RT : Senate Bill Lists Grounds For Impeaching Justices

House approves bill 91-1 that would let bosses force employees to friend them on Facebook

New bill lists grounds for impeaching Supreme Court justices, including attempts to usurp Legislature’s power.

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 Ronald W Nelson, PA retweeted

SB 297 lists new grounds for impeachment of Sup Ct justices not listed in KS Constitution. Constitutionality might be an issue.

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: Introduced : Grounds for Impeachment of Justices

Sen. Bruce sets schedule for tomorrow.12 or so bills above the line for general orders and possible emergency final action.

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Kansas Schools Fight Plays Out Against Backdrop of Debate on

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ABLE Act amended to HB 2216 and bill passes as amended.

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 Ronald W Nelson, PA retweeted

HB 2112 re: county law libraries passes 123-1 on Final Action. I voted YES.

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holds that agency actions can result in issue preclusion

: Kathryn Gardner to be sworn in as Court of Appeals Judge May 8, 2015:

reminds Members of the Bar that petitions for certiorari be stated “in plain terms,” responsibility must not be delegated to client

Governor signs into law – Effective July 1, 2015

Treat your spouse like a stranger, and other surprising advice on how to be happy

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: CINC mediation control by parents; passed out of Committee without amendment

: Samuel J. Marsh selected to fill 11th District Magistrate judge vacancy

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Marriage Isn’t Dead — Yet