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

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

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

Rayborn v. Rayborn, 185 S.W.3d 641 (Ky. 2006) Issue and Holding:Read More

Welch v. Velten, 185 S.W.3d 163 (Ky. 2006) Issue and Holding: Whether a party’s motion to dismiss her opponent’s appeal pursuant to Kentucky Rules of Civil Procedure (CR) 76.34(6) suspends the running of time within which that party may file a notice of cross-appeal, pending a ruling on the motion to dismiss. The Court held...Read More

Gaskill v. Robbins, NO. 2005-CA-002088-MR, http://opinions.kycourts.net/coa/2005-ca-002088.pdf, was decided December 8, 2006 in an Opinion Reversing and Remanding which is designated to be published. The custody determination and business value determined by Warren Family Court Judge Margaret Ryan Huddleston were reversed and remanded for a new trial.Read More

It’s official: effective January 1, 2007, unpublished Appellate Opinions rendered after January 1, 2003 may be cited for consideration if there is no published opinion on point. Section (4)(c) of CR 76.28 will read:Read More