N.T.G. v. Commonwealth, 185 S.W.3d 218 (Ky.App. 2006) Issue and Holding: Whether a juvenile court can probate a sentence of detention for a juvenile under the age of 14, when a juvenile under the age of 14 cannot be sentenced to detention. The Court held no, a juvenile court cannot probate a juvenile to a...Read More

Com., Cabinet for Health and Family Services v. C.V. et al., 192 S.W.3d 703 (Ky.App. 2006) Issue and Holding: Whether the trial court erred in finding that the Cabinet was required to amend its permanency goal in district court prior to filing a petition for termination of parental rights. The Court held yes, the trial...Read More

Com., Cabinet for Health and Family Services ex rel. A.W. and C.W. v. Huddleston et al., 185 S.W.3d 222 (Ky.App. 2006) Issue and Holding: Whether a Family Court can require the Cabinet to maintain residence for children committed to its care in a particular county. The Court held no, the Family Court cannot intervene in...Read More

Katie Brophy sent the following email to me and others, which I am passing on with her permission: “At the recent KBA update, Lawyers Mutual indicated increasing claims were coming as a result of clients claiming their mediated divorce related agreements were unfair and their lawyer was to blame. Here is a draft I prepared...Read More

Com., Cabinet for Health and Family Services v. A.A.W.K., et al., 199 S.W.3d 199 (Ky.App. 2006) Issue and Holding: Whether the Cabinet can appeal an order denying a petition to involuntarily terminate parental rights. The Court held no, KRS 625.110 does not allow such appeals. Facts: The Cabinet appealed from a family court order denying...Read More

S.L.T. v. R.J.C., 196 S.W.3d 530 (Ky.App. 2006) Issue and Holding: Whether the trial court erred in issuing a domestic violence order. The Court held no, the trial court did not err because the evidence established that domestic violence had occurred and may occur again.Read More

Cabinet for Health and Family Services, et al v. A.G.G. and W.E.G., 190 S.W.3d 338 (Ky. 2006) Issues and Holdings: 1. Whether the evidence was sufficient to terminate parental rights. The Court held yes, the evidence was sufficient.Read More

“The 72,000-member New York State Bar Association has listed merit selection of judges, adoption of no-fault divorce and equal rights for same-sex couples as among their key legislative priorities for 2007. ” Source: The Business ReviewRead More

Lane v. Lane, 202 S.W.3d 577 (Ky. 2006) Issue and Holding: Whether an ante-nuptial agreement, entered into by the parties three days prior to their marriage, can be strictly enforced as written after a nine and a half year marriage and change of circumstances. The Court held no, portions of the agreement were unconscionable at...Read More

In an opinion rendered today which is designated to be published, but not yet final, the Kentucky Court of Appeals held KY lacked jurisdiction under the UIFSA to modify support as neither parent nor the child resided any longer in KY, but retained jurisdiciton to enforce its judgment as to arrearages. Gibson v. Gibson.Read More