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Rule 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated52nd Judicial Circuit - Graves Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
52nd Judicial Circuit - Graves Circuit Court
KY GRAVESC Rule 5
Rule 5 Domestic relations practice
501. Contested Actions
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues, shall be filed with the Motion.
A. All proceedings in contested actions for the dissolution of a marriage shall be heard by the Court, provided the testimony of any witness not a party may be taken by deposition. However, it is the responsibility of the attorney or party desiring to use the deposition of such non-party witness to see that the deposition is taken, transcribed, and filed prior to 48 hours in advance of the trial.
B. The hearing on the motion to set for trial shall be noticed for 1:30 p. m. on Mondays. Both parties and their respective counsel shall attend. It is intended for the Court, without hearing the evidence, to inform the parties at that time of initial impression regarding each contested issue outlined in the settlement conference memorandum.
C. Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than thirty (30) days prior to the scheduled trial date.
D. In the event either party fails to comply with the requirements of paragraphs B and C. above, or either party files an incomplete schedule, or fails to comply with the FCRPP, the Court, upon its own motion or upon motion of any party to show cause, may make such orders in regard to the failure as are just, which, among other things, may include the following:
1. An order that the matters set forth in the compliant party's schedules be taken as established;
2. An order prohibiting the non-compliant party from introducing designated matters in evidence;
3. An order staying further proceedings until the disobedient party has filed the required schedules; or,
4. An order assessing all Court costs, including attorney fees, against the non-compliant party.
502. Court Approved Child Visitation Schedule
Pursuant to FCRPP 8(2), the parties may utilize the time-sharing / visitation schedule for the 52nd Judicial Circuit located in Appendix “B” which is adopted at the request of the Graves County Bar Association. This schedule shall not be used as a default schedule when the parties are unable to agree but rather should be used as a basis for determining a schedule that meets the needs of the family. Notwithstanding the foregoing, midweek overnight timesharing/visitation shall only be in alternate weeks.
503. Children in the Middle Training
A. Pursuant to FCRPP 6(4), in a dissolution proceeding, where there is a minor child or children born or adopted of the marriage that is aged six (6) years through seventeen (17) years (“subject children”), the Court may order the parties and/or children to attend and participate in Children in the Middle training and no decree shall be entered unless the parties attend and produce a certificate of completion awarded by the trainer to the Court.
B. If ordered to attend the Children in the Middle training and a party refuses or fails to attend, or if the custodial parent refuses or fails to have the children attend the training, the Court may issue a show cause in regard to the failure or refusal as is just, and which may include after the show cause hearing the following:
1. An order refusing to assign a date for final adjudication of the divorce until the party requesting the dissolution attends the training;
2. An order declining to set or enforce temporary or permanent visitation rights for the non-compliant party until the non-compliant party attends the training;
3. An order reserving the granting or approval of temporary or final custody; and
4. In lieu of any of the foregoing orders or in addition thereto, an order treating as contempt of Court the failure to obey an order to attend the training.
C. If ordered to attend the training, a fee of $10.00 shall be paid by each party at the time of attending the training; provided, however, no fee shall be payable by a party allowed to proceed in forma pauperis, provided the party brings to the training a copy of the order allowing him or her to so proceed. Each party ordered to attend shall also bring his or her case number to the training so that his or her attendance can be properly identified.
D. If ordered to attend, the Petitioner must file his or her certificate of attendance prior to, or at the time of, filing documents for a final hearing. The Respondent shall file his or her certificate of attendance prior to the final hearing. The certificate of attendance of the subject children shall be filed prior to the hearing.
E. The Clerk of the Court will maintain a schedule of the time and place of the Children in the Middle training. Unless the Petitioner and Respondent agree otherwise, if ordered to attend the Petitioner shall attend the training in any even numbered month and the Respondent in any odd numbered month. The subject children shall attend at the time the custodial parent attends. The custodial parent is the parent with legal custody, sole or primary. If legal custody has not been granted, then the custodial parent is the parent with actual custody. If neither parent has sole or primary legal custody, or actual physical custody, if legal custody has not been granted, the Petitioner shall have the subject children attend at the time he or she attends.

Credits

HISTORY: Amended effective March 14, 2014. Adopted effective April 13, 2012.
Graves Circuit Court Rule 5, KY R GRAVES CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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