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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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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 Order Did Not Err in Finding Custody Agreement Giving Mother Final Decision-Making Authority over Educational and Medical Decisions Requires Mother’s Decisions to be Reasonable and not Prejudicial to Father’s Rights as Joint Custodian.
Swan v. Gatewood Case No. 2022-CA-0202-MR Fayette Family Court Decided by Combs, Easton, and Eckerle Judges. Opinion by Eckerle, Judge Date Rendered: June 9, 2023 Issue: Whether Mother’s Final Decision-Making Authority Regarding Educational and Medical Decisions is Subject to Judicial Review for Reasonableness. Mother and Father disagreed about where to send minor Child to kindergarten.…
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Family Court Order Denying Interpersonal Protection Order (“IPO”) for Failure to Prove Stalking by a Preponderance of the Evidence Affirmed
Strong v. Gary Case No. 2022-CA-0219-ME Kenton Circuit Court Decided by Thompson, chief Judge, Easton and Karem Judges. Opinion by Karem, Judge Date Rendered: July 28, 2023 Issue: Whether the Family Court erred in dismissing an IPO Petition for failure to prove stalking by a preponderance of the evidence Strong filed a petition for an…
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Family Court Opinion Vacated and Case Remanded for a New Hearing on Petition for Adoption
W.R.G. v. K.C. Case No. 2022-CA-1319-ME Caldwell Circuit Court Decided by Dixon, Goodwine, and Karem, Judges. Opinion by Goodwine, Judge Date Rendered: August 4, 2023 Issue: Whether the Family Court erred in granting stepparent adoption when Father was not served with notice of the final hearing order pursuant to CR 5.02(1). Stepmother filed a petition…
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