Legal Question in Family Law in Kansas

If the PFS lists you as the only protected person, and does not alter the visitation schedule or her parenting time, then she still has the right to exercise that visitation. If it does alter her visitation schedule, then the PFS will take precedence once she is served.

Until she is served, the PFS Temporary Order is not in effect. Furthermore, if you have a PFS against her but she does not have one against you, you cannot get in trouble for contacting her or being around her. Only she can get in trouble (once she is served) for contacting or coming around you.

So if she doesn't get served with a PFS that states otherwise, she is still entitled to her parenting time this weekend. The only potential legal problem from your end in making the exchange yourself is it might somewhat weaken your claim that her behavior has caused you to fear for your safety, which is technically necessary to prevail in a PFS.

So if possible, you might be better off sending a relative to make the exchange. You might also instruct the relative to tell her that he or she will also be the one to pick the child back up, in case she is served over the weekend during her parenting time. Otherwise, that would put her in the difficult position of having a court order to return the children to you, while also having a court order prohibiting her from communicating with you, either directly or indirectly by relaying a message to you through a third party, and from coming around you. If your relative tells her that they will be the one to pick the child up at the exchange at the end of her weekend parenting time, the conflicting orders issue can be avoided.