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

Crouch v. Crouch, 201 S.W.3d 463 (Ky. 2006) Issue and Holding: Whether order stating that the mother had been called to active military duty and that the parties agreed the child would reside with the father “until further orders of the court” is a temporary order or permanent modification of a joint custody order. The...Read More

In May, 2006 when we posted some of the proposed civil rules changes, we tracked the changes so you could see what was added and/or deleted from the proposed rule. The changes were not hightlighted when finalized and published in the Bench and Bar, so we thought it might be helpful to repost so you...Read More

Stratton v. Commonwealth, 182 S.W.3d 516 (Ky. 2006) Issue and Holding: Whether the Cabinet for Families and Children is protected by the doctrine of governmental immunity from suit. The Court held yes, since the Cabinet’s investigations into allegations that a child was abused and its subsequent actions were discretionary, there was no waiver of immunity...Read More