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Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”), but Evidence was Insufficient to Support Extension of the Protective Order
Christina Holt Taylor v. Leigh-Ann Fitzpatrick Case No. 2022-CA-0946-ME Allen Family Court Decided by Cetrulo, Dixon, and Taylor, Judges Opinion by Cetrulo, Judge Date Rendered: January 13, 2023 Issue: Whether Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”) and Whether Family Court’s Order Extending IPO was Supported by Sufficient Evidence Family court entered…
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Kentucky Supreme Court Holds Zoom Testimony Violated Defendant’s Sixth Amendment Right of Confrontation Afforded by the U.S. Constitution Without Showing of Necessity
Campbell v. Commonwealth Case No. 2021-SC-0479-MR Appeal from Adair Circuit Court Opinion by Conley, Judge Date Rendered: April 27, 2023 Issue: Whether Circuit Court Erred by allowing a witness to testify via zoom in violation of the Defendant’s Sixth Amendment Right to Confrontation. Circuit Court found Defendant guilty of violating a Domestic Violence Order and…
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Family Court Affirmed as Mutual Restraining Order Did Not Prohibit Party from Seeking Relief via DVO.
Lazar v. Lazar NO. 2023-CA-0145-ME Floyd Circuit Court Decided by Easton, Jones, and Lambert, Judges Opinion by Jones, Judge Date Rendered: August 25, 2023 Issue: Whether res judicata applies when a no contact order has been entered prior to a Petition for a DVO. In March of 2022, Husband grabbed Wife by the neck and…
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Family Court’s Order Granting Stepfather’s Petition to Adopt Stepson Vacated and Remanded for New Hearing due to Family Court’s Failure to Utilize the Constitutionally Mandated Clear and Convincing Standard.
W.H.J. v. J.N.W., J.A.W., and N.H.J., A Minor Child Case No. 2022-CA-1055-ME Warren Circuit Court, Family Court Division Decided by Caldwell, Dixon, and Eckerle, Judges Opinion by Caldwell, Judge Date Rendered: May 19, 2023 Issue: Whether Stepparent Adoption Could be Upheld Despite Family Court’s Failure to Utilize the Clear and Convincing Evidence Standard Mother and…
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- Custody Order Affirmed as Role of FOC is Advisory
- Family Court not Required to Set Aside an Enforceable Settlement Agreement Under CR 60.02, and to Appoint a GAL, Where the Incarcerated Person Has Elected to Proceed Without Counsel and Without Contest
- Mullins v. Picklesimer Does Not Require Agreement to Support a Finding of Partial Waiver of Superior Right to Custody
- Family Court Abused its Discretion by Relying on Extrajudicial Statements from the Cabinet
- Court of Appeals Upholds Contested Stepparent Adoption
