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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Family Court May Consider Coercive Control in DVO Analysis
Hogle v. Hogle 2024-CA-0731-ME Kentucky Court of Appeals Opinion by Judge McNeill Date Rendered: February 21, 2025 Issue: Whether coercive control can be considered although the words “coercive control” do not appear in the Kentucky domestic violence statute. Husband flipped over sofa while child was laying on it injuring Wife. Wife initiated a divorce proceeding…
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Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
Allgeier v. Wagner 2024-CA-0496 Jefferson Circuit Court Kentucky Court of Appeals Opinion by Judge Combs Date Rendered: January 17, 2025 Former Wife filed civil suit against Former Husband for indemnification from a tax obligation which arose out of funds misappropriated by Former Husband, willful interference with her custody of the parties’ children, and the tort…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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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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