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HB 2181

Enacting the uniform family law arbitration act.

2025-2026 Regular Session

Creates a statutory framework for resolving family law disputes through arbitration in Kansas, with court oversight and limits on core status matters.

Died in Committee
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Bill Summary · HB 2181

Summary — HB 2181: Uniform Family Law Arbitration Act

Status: Withdrawn from Committee on Corrections & Juvenile Justice; Referred to Committee on Judiciary
Introduced: January 28–30, 2025 (filed on Jan. 30, 2025)
Sponsor/Requestor: Rep. Selina Bliss; requested by Joe Molina on behalf of the Kansas Bar Association
Applicability: Arbitration agreements made on or after July 1, 2025 (per bill text)

Purpose

HB 2181 would create a Uniform Family Law Arbitration Act to establish a statutory framework for resolving family law disputes through arbitration in Kansas. The bill sets form, procedure, arbitrator qualifications, disclosure obligations, court interaction, and limits on what an arbitrator may decide.

Key provisions

  • Definitions: Defines terms such as “family law dispute,” “child-related dispute,” “arbitrator,” “arbitration organization,” “party,” and “record.”
  • Scope and limits:
    • Governs arbitration of family law disputes under an arbitration agreement.
    • Prohibits arbitrators from issuing awards that (among other things) grant divorce/annulment/separate maintenance, terminate parental rights, grant adoptions or guardianships, determine child-in-need-of-care status, or determine parentage.
  • Arbitration agreement requirements:
    • Must be in a record and signed by the parties.
    • Must identify the arbitrator, arbitration organization, or method of selecting an arbitrator.
    • Must identify the family law dispute to be arbitrated.
    • Special rule for child-related disputes: an agreement to arbitrate child-related issues arising after the agreement is made is unenforceable unless the parties reaffirm in a record after the dispute arises or the agreement was entered during a family law proceeding and approved/incorporated by the court.
  • Initiation and motions:
    • A party may initiate arbitration by notice as specified in the agreement (or by state arbitration statutes if unspecified).
    • Courts may compel or terminate arbitration on motion; may consolidate separate arbitrations where fair and efficient.
  • Arbitrator qualifications and disclosure:
    • Unless waived, arbitrators must generally be attorneys in good standing or retired judges, and must be trained in identifying domestic violence and child abuse.
    • Arbitrators, parties, and counsel have continuing disclosure obligations of facts likely to affect impartiality or timely award.
    • Failure to disclose can lead to suspension of arbitration, vacatur of awards (timely motions), or other relief.
  • Governing law:
    • Arbitrators must apply Kansas law (including choice‑of‑law rules).
    • The state’s general arbitration law (Article 4 of Ch. 5, K.S.A.) applies except where this Act provides otherwise.
  • Court review and awards:
    • The bill outlines court procedures after issuance of an arbitration award, including rights and grounds for appeal or vacatur (text truncated in source but indicates standard post‑award court involvement).

Who is affected

  • Parties to family law disputes (divorce-related financial issues, custody, parenting time, support) who choose or have arbitration agreements.
  • Arbitrators and arbitration organizations administering family-law arbitrations.
  • District courts (for motions to compel/terminate, selection of arbitrator in some cases, review of awards).
  • Attorneys handling family law matters.

Fiscal and procedural notes

  • Fiscal note (Feb. 16, 2025, Kansas Division of the Budget): Minimal fiscal effect on the Judicial Branch (absorbed within existing resources); no fiscal effect on the Department for Children and Families. Not included in FY 2026 Governor’s Budget Report.
  • Legislative actions (selected): Filed Jan. 30, 2025; multiple committee referrals and hearings through May 2025. Reported favorably without amendments on May 2, 2025; later committee votes failed to pass on May 8 and May 12; withdrawn from Corrections & Juvenile Justice and referred to Judiciary (Feb. 5, 2025); Re-referred to Rules Committee under Rule 19(a) on May 31, 2025.

Practical impact

If enacted, HB 2181 would create a clear statutory pathway for arbitral resolution of many family-law disputes in Kansas, while preserving court control over core status matters (divorce decree, parental rights, adoption, parentage). It emphasizes party protections (signed agreements, disclosure, specialized arbitrator training, court oversight), and limits use of arbitration for child-related issues unless post‑dispute affirmation or court approval exists.

Compiled from official sources — confirm details with the bill’s official record.

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