BOONE V.BOONE Judge recused herself from a divorce action, after a DVO hearing, but before issuing an Order dismissing the DVO. Wife then filed motions arguing Judge should be recused from the DV case as well because she had recused herself in the divorce. The Judge denied Wife’s motions. Wife appealed arguing that “the court...Read More
MOORE V. MOORE Trial Court held a bifurcated DVO hearing on a severe domestic violence incident between Husband and Wife. At the first hearing, Wife testified she was afraid of Husband and gave detailed testimony about the violent incident. After contact with Husband’s family, at the second hearing, Wife read a statement asking the Trial...Read More
HOFFMAN V. HOFFMAN The trial court entered an Order reducing maintenance which neither party received until twelve days after the Order was entered. Wife filed a motion to alter, amend, or vacate pursuant to CR 59.05, CR 60.01 or CR 60.02. The trial court found that no fault could be attributed to Wife for the...Read More
RETHERFORD V. MONDAY Mother argued on appeal that the trial court failed to make specific, independent findings of fact in a custody case. The trial court had nearly verbatim adopted the proposed findings submitted by Father. The Court of Appeals vacated the trial court judgment holding that cases involving children and families require strict compliance...Read More
MORRIS V. MORRIS Wife filed and was granted a DVO. Husband continued making threats and Wife filed a Motion for Contempt. At the hearing on Wife’s contempt motion, the trial court extended the DVO as a contempt sanction. After Husband’s appeal of its order, concerned Wife would be left without protection, the trial court vacated...Read More
We do not usually post unpublished opinions from the Ky Court of Appeals but Geralds v. Geralds is notable, giving guidance to the bench and bar about an issue that has perplexed us since Woodson v. Woodson in 2011. Geralds holds that agreements for non-modifiable maintenance are enforceable. We don't know why the opinion was...Read More
BALL V. MCGOWAN A Nevada court entered a custody order, after which child and Father moved to Kentucky. Child did not return to Nevada after moving to Kentucky. Several years later, Mother filed an action for custody in Nevada, while Father filed an action for custody in Kentucky. Pursuant to the UCCJEA, the Kentucky trial...Read More
LEE, ET AL. V. LEE, ET AL. Wife obtained a common law judgment for attorney fees against Husband and his company in divorce action. Subsequently, Husband formed a new company. Wife obtained an order of garnishment for the new company’s bank account. Husband filed a motion to quash, which was denied by the family court....Read More
FEINBERG V. KEETON 2014-CA-001656-MR TO BE PUBLISHED CARTER http://opinions.kycourts.net/coa/2014-CA-001656.pdf Mother sued custodial evaluator for providing a false diagnosis regarding “parental alienation.” Trial court did not dismiss case after custodial evaluator made a claim of quasi-judicial immunity. The Court of Appeals holds that a custodial evaluator is entitled to quasi-judicial immunity and instructs the trial court...Read More
M.L.W. V. HEART TO HOME ADOPTION AGENCY, ET AL. Mother consented to adoption of her three children. Father contested the termination of his parental rights and appealed arguing that the findings of fact were insufficient to terminate his rights. The trial court stated that termination was in the children’s best interest, but did not make...Read More
