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2018 SESSION

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HB 289 Divorce proceedings; transfer of case for modification.

Introduced by: Christopher E. Collins | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Effect of divorce proceedings; transfer of matters to juvenile and domestic relations district court. Provides that after the entry of a decree of divorce a vinculo matrimonii the circuit court shall not (i) transfer a case for modification to the juvenile and domestic relations district court in the absence of a motion by either party or (ii) require a provision for transfer of matters for modification to the juvenile and domestic relations district court as a condition of entry of a decree of divorce a vinculo matrimonii. The bill modifies the provision allowing transfer of any matters covered by the divorce decree to a juvenile and domestic relations district court to add transfer to any circuit court that constitutes a more appropriate forum.

SUMMARY AS INTRODUCED:

Effect of divorce proceedings; transfer of matters to juvenile and domestic relations district court; concurrent jurisdiction. Provides that, where a circuit court enters a divorce decree and transfers certain matters to the juvenile and domestic relations district court, the circuit court is not deprived of concurrent jurisdiction to hear such matters. The bill requires that any motions in the circuit court filed regarding such matters be heard by the circuit court after such transfer, unless the parties agree otherwise. Notwithstanding such a requirement, the bill provides that, if a motion regarding such matters is filed in juvenile and domestic relations district court, the motion shall be heard by such juvenile court unless, within 21 days after the service of such motion upon the parties, the motion regarding such matters is filed in the circuit court. The bill allows the court to transfer any matters covered by the divorce decree to a more appropriate forum.