How Kansas Courts Are Using Case Managers in High-Conflict Custody Cases

Ideally, parents can work out appropriate child custody and visitation arrangements calmly and without undue delay. Of course, we know that this is not often the case in divorces and situations where unmarried partners share a child. Sometimes, mediation is useful in high-conflict custody cases. However, even the best mediators can only encourage dialogue between the parties. They have no legal authority to move parents off their steadfast positions. 

Kansas law includes another method to help resolve contentious issues relating to custody, residency and parenting time. Through court-ordered case management, a qualified professional is appointed to help facilitate negotiations between parents. If no settlement can be achieved, the case manager can prepare recommendations regarding custody arrangements that likely will receive significant deference from the judge. 

There are several situations that can trigger the designation of a case manager, such as:

• Failure to reach a settlement despite the use of dispute resolution services
• Other neutral dispute resolution services are not appropriate for some reason
• Repetitive conflict, as reflected by at least two denied motions in a six-month period relating to residency, visitation, parenting time, or the enforcement or modification of a child custody order
• A mother or father’s diminished capacity to handle parental responsibilities 

The order establishing a case manager must specify the dispute(s) to be resolved (for example, exchanges, holiday schedules or school choice). Also, the case manager is appointed for a specific period of time lasting no longer than 36 months. However, if appropriate, the court might choose to reappoint the case manager when the initial term expires. 

In many cases, designating a case manager provides the right blend of authority and personal attention. Parties are more inclined to act properly if they know that the case manager is monitoring their negotiations and reporting what happens to the judge. This could accelerate a settlement. Along with dispute resolution techniques, case managers should be familiar with the Kansas family law system, available community resources, child development and the psychological effect of parental conflict. 

As part of their work, the manager gathers information through interviews, document review and contact with collateral sources as appropriate. From there, they work to structure negotiations and will issue written recommendations if the impasse persists. The court retains final decision-making authority, and parties can seek court review of disputed recommendations. 

At The Henry Law Firm P.A. in Overland Park, we provide comprehensive legal counsel for Kansas child custody matters, including situations where a case manager might be warranted. For a consultation, please call 913-381-5020 or contact us online.