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Monday, July 15, 2019

Qaisi v. Alaeddin


Family Court declined to recognize three legal documents from courts in Dubai, United Arab Emirates. The three documents are as follows: (1) a divorce certificate, (2) a document memorializing an agreement between the parties whereby "[t]he custody of the children...shall be proved for the second party [Qaisi]" (the document did not explain the precise meaning of custody being "proved for" Qaisi nor did the parties cite Dubai authority to explain the phrase) and (3) an amended agreement between the parties whereby the children were designated to live with Qaisi while Alaeddin "shall not claim custody until the sons reach the legal age." (the document did not define "legal age" nor did the parties cite to Dubai authority).


Monday, July 15, 2019

French v. French 


Trial court modified a timesharing agreement to allow Mother more time with the parties' minor child. Under the Trial Court's Order, Father had visitation with the minor child from Monday at 6:00 p.m. until Wednesday at 6:00 p.m. and every other weekend from Friday at 6:00 p.m. until Monday at 6:00 p.m. Summer timesharing and holidays were also equally divided between the parties. Father appealed.


Thursday, July 11, 2019

Barnett v. White


Father filed a petition seeking joint custody and equal timesharing of the parties' minor child. Mother argued that Father should not be granted joint custody because his behavior "made it impossible for the parties' to work together in the best interest of the child."  An agreed temporary order was entered adopting the DRC's recommendation that Mother and Father be awarded joint custody with Mother being named the primary residential custodian and Father having timesharing according to the model timesharing guidelines for the Judicial Circuit, which was less than a 50/50 schedule. The Trial Court adopted the DRC's temporary order.


Wednesday, June 19, 2019

Commonwealth of Kentucky, Cabinet for Health and Family Services v. NBD



Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria.


A Family Court declined to make such special immigration status findings regarding a Guatemalan child residing in Kentucky on jurisdictional grounds. In its order, The Family Court stated that there was no Kentucky statute that expressly required the Family Court to make findings under the special immigration status statute.


Thursday, June 6, 2019

Ford v. Ford


Trial court refused to set aside a handwritten Mediation Agreement Order signed by the parties and their attorneys and incorporated into the dissolution decree. The Agreement was never formalized into a typewritten document. The parties did not have any appraisals of their residential and commercial real property performed to aid in dividing up their property at mediation and instead relied on their own estimates of property values. Under the terms of the Agreement, Wife received 53% of the value of the parties’ marital assets.