Brief(1)
S.B. 125 amends the Kansas Divorce Code to provide that child custody investigation reports in contested custody proceedings may be made available to either party upon motion, unless the court finds the distribution of the report would be harmful to either party, the child, or other witnesses. Under current law, the reports are made available to counsel and to any party not represented by counsel.
Background
The bill was supported by the Kansas Bar Association. A spokesperson said current law allows access to these reports by parties who appear pro se but only to the attorneys of parties represented by counsel. This puts attorneys in an awkward situation if they are ordered by the judge not to discuss the specifics of the study with their clients.
The bill was opposed by a representative of the National Conference of Fathers and Children and a divorced father. Both argued judges should not be given discretion regarding the disclosure of these reports.
The bill has no fiscal impact.
1. *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.ink.org/public/legislative/bill_search.html.