2003 sept cm order frm bruns to llyod swartz

8/8/2019 2003 Sept CM Order Frm Bruns to Llyod Swartz

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~ IL [D !3 Y C L E R KK S ,;D IS T R IC T C O U R T

1 H I " D JUDI C IAL D I STT O P E K A . K S . .

Il\ THE DISTRICT COURT OF SHA w);EE COeNTY, KANSAS

DIVISION 12 1 0 0 3 S E P 30 P /: 52

In the Matter of the Marriage of

HAL RICHARDSON

CLAUDINE DOMBROWSKI

~)

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Case 1\0. 96 P 217

~ CASE MANAGEMENT ORDER

Now on thi~y of 5?~ ,2003 the above captioned case comes before the

Court.

The Court now FINDS, ORDERS AND DECREES:

1. Since this divorce case has presented repetitive conflict and, the Court has an

obligation to act in the best interests oftlic child, the Court orders the parties to a Case \1anager to

resolve any and all further parental disputes

2. This order is issued pursuant to K.S.A. 23-1001 et seq. The parties are hereby

ordered to attempt to resolve all parenting issues, and related matters not in the Jurisdiction of the

juvenile court, with the direction and assistance of the Case Manager. With the exception of

motions to enforce previously ordered parenting time or to modify child support, 110lIIotiol/s lIIay., >

be filed with the COllrt withollt first referril/g tile matter to tile Case Mal/ager for at/eill ted

resoilltion betweel/ tile parti~ !{Qwever, either party or the Case Manage.r may report to the proper

allthorities ObVIOUSviolatIOns of criminal laws. If one of the parties makes such a report It shall also-

e made as soon as possible lothe Case Manager.

3. The Court hereby appoints Lloyd Swartz to serve as the Case Manager in this case.

Mr. Swartz is qualified and shall be operating as an official of the Court when acting as Case

Manager. He can be reached at 785-232-054~ ....~ -S--~ 0.1./\(;;>'2

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4. The terms of this appointment shall be for two (2) year from the date of this Order,

or until further order of the Court.

5. The C2.aseManager shall make reeommendatiooLto the parties and the Court

regarding the following types of issues, if the parties cannot reach agreement:

a. Parenting time, including holiday and vacation schedules;

b. Changes of residency and/or parenting time (The Case Manager shall

not consider a change of residency absent an appropriate showing of

a material change in circumstance);- .

c.

d.

e.

Appropriate medical treatment, including psychotherapy and substance abuse

for the child or the parties;

Psychological testing, substance abuse evaluations, or child custody

evaluations, and follow-up treatment;

Personal conduct and restraint from conduct; and,

Financial issues, such as child support, payment of medical bills and

other such issues.

6. When the Case Manager is required to make recommendations for the parties, they

shall be noted in writing as soon as possible and should be accompanied by supporting information.

Such recommendations shall be reported to the Court and copies shall be sent to the attorneys of

record for each party. When the Case Manager records party agreements or makes

re~mendations of a temporary nature, those need not be entered in the court record. Issues such

a:i.designation of custody, re~ency or child support, which are agreed between the parties or-

recommended by the Case Manager shall be submitted by the Case Manager to the court and entered-

into the court record. Should there be differing opinions as to the language of a journal entry, the

Case Manager shall review the proposed journal entry and may recommend appropriate language

to the Court.

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7. E~cept for a recommendation regarding a change of custody and/or residency, all

------- _ .Case Mallager recommelldatiolls Sllbmitted to tile COllrt become temporary orders "POII tile----------_._------------ _ . . . . . ---- - .sigllatllre of tile Case Mallager alld shall become a permallellt order after tei, (10) workillg days.

.-----

If a party disagrees with a recommendation, such party must file ali objection within the ten (10)

working days, which begin on the date of recommendation. If an objection is asserted, the

recommendation shall continue as a temporary order until further order of the Court. The Case

Manager shall e~plain to the Court by repor! or testimony the reasons for such recommendation(s).

The burden shall be on the party making the objection to prove that the recommendations were

erroneous or inappropriate. The District Court Judge will rule on any objections related to Custody

and/or Residency and the Administrative Hearing Officer will rule on any objections related to

Parenting Time, Child Support and/or Expenses for the child.

8 Any party may initiate contact with the Case Manager. The Case Manager should

keep a record of instances of ex parte communications and of recommendations.

9. A joint contact record in the case will be maintained by the Case Manager. This

record may be made available to the Court, at its request, in total or summary form without the

e~press consent of the parties. The joint contact record shall not be considered a medical or

psychological record for the pUl1'oses of confidentiality or privilege.

10 . The parents have the following obligations to the Case Manager and to the process.

The parties shall:

a. Keep the Case Manager advised of current mailing addresses as well

as both home and work telephone numbers, at all times;

b. Cooperate with the requests and procedures of the Case Manager;

c. Furnish complete and accurate information and records in a timely

way;

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Be present for all scheduled interviews and furnish the chjld to the Case

Mana~er. if requested, for interview.. Interviews may occur during regular

business hours, I f necessary, and may occur on an ex parte basis or in any

combination of the parties, as directed by the Case Manager, who shall

determine whether the interviews are by telephone or face-to-face. (If a party

chooses not to attend a scheduled meeting or respond to a telephone inquiry,

recommendations may be made by the Case Manager without the input of that

parent);

e. Attempt in good faith to resolve all disputed issues and, if unable to

do so, follow the recommendation(s) of the Case Manager;

f. Promptly pay all case management fces and costs, as directed;

g. Notify the Case Manager of all proceedings and examinations involving the

parties and the child and make available information to contact such

professionals including, but not limited to, teachers, counselors and doctors.

II. The Case Manager has the following obligations and duties to the parties and the

Court. The Case Manager shall:

a. Contact the parties as necessary. (The Case Manager does not have to first

contact the parties' attorneys.);

b. Meet with the parties and other individuals as deemed appropriate;

c. Gather information necessary to assist the parties in reaching an

agreement or in making recommendations, including medical,

psychological, education, SRS and court records;

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d. Report to the Court in a timely way, as directed by K.S.A. 23-1001

et seq. and by local court guidelines;

e. Keep a record by date and topic of all contacts with the parties;

Report threats, imminent dauger, suspected child ahpse, feill....f

abduction and suspected or actual ha n n to aox.party or child involvedm case management, to the proper authorities. Submit to the Court,

wilhm hve (5) busme'ss days, a written summary of such action; and,

Notify the Court when a party fails to meet the financial obligations

of the case management process, and make appropriate

recommendations;

f.

g.~~

~'Ci>'~ < ; " ' ~ . Provide the Court with any other information the Case Manager~ ~ , tetermines the Court should know.

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12. Based on case infonnation and records, and to protect the best interests of the child

n the case, the C.as~ Manager may veto any psychQlogical or physical examination, ev'!.!,uationor

treatment of the child which has not been ordered by the Court or approved by the Case Manager.

For like reaSQns,the Case Manager may release relevant infQnnatiQntQ those professiQnals approved

for wQrk with the parties or the child.

13. The Case Manager may withdraw from a case at any time, based on criteria listed in

the statute.

'14. In light of the history of this case, the Court will ,not .clll1sider a request fQr

reassignment Qf the Case Manager absent an emergency. ~ /

IT IS SO ORDERED.

~,~'~\ ~~ )~--

David E. Bruns

District Judge, Division Twelve

Counsel for Petitioner DQnald Hoffman

Petitioner Hal RichardsQn

Petitioner's Address 1727 Shawnee Heights Rd.

Tecumseh 66542

Petitioner's Telephone # _

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Counsel for Respondent Leonard Robinson

Respondent Claudine DQmbrowski

Respondent's Address 3525 SE 7th

66607

Respondent's TelephQne # _


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tCERTIFICATE OF SERVICE

The undersigned hereby certifies that on the ~ day of , 003 she served a

true and correct copy of the above and foregoing pleading by United States mail, first class

postage prepaid; __ telefax, and that the transmission Was reported as complete and without error

and the telefax machine complied with Supreme Court Rule 119(b)(3); or __ hand dehvcry;

addressed as follows:

Donald R. HoffmanAttorney At Law

112 SE 7th St.

Topeka, KS 66603

Leonard M. Robinson

Attorney At Law

PO Box 67414

Topeka, KS 66667

F 1a M. Theel

Administrative Assistant

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2003 sept cm order frm bruns to llyod swartz

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