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Rule 1 Introduction/administrative procedure

Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Family Courts

Baldwin's Kentucky Revised Statutes Annotated
5th Judicial Circuit - Crittenden, Union and Webster Family Courts
KY CUWF Rule 1
Rule 1 Introduction/administrative procedure
101 Preface. These are the Uniform Rules of Court Practice and Procedures of the Fifth Judicial Circuit, Family Division (Crittenden Family Court, Union Family Court, and Webster Family Court). These rules supplement the Kentucky Family Court Rules of Procedure and Practice (FCRPP), the Kentucky Rules of Civil Procedure (CR). These rules shall be the only operative Family Court Rules of the Fifth Judicial Circuit. All previous rules adopted in the Fifth Judicial Circuit, Family Division, are hereby rescinded.
102 Effective Date. The effective date of these rules shall be thirty (30) days after Kentucky Supreme Court approval.
103 Citation. These rules shall be cited as “LRFC” (Local Rules of the Family Court) or “Local Rules.”
104 Holidays. Holiday schedules may be obtained at the Crittenden Circuit Clerk's Office, Union Circuit Clerk's Office, and the Webster Circuit Clerk's Office.
105 Jurisdiction. Pursuant to KRS 23A.100, the 5th Circuit Family Court has subject matter jurisdiction of the following types of cases: Adoptions, child custody and parenting time, child visitation, child support actions (URESA and UIFSA), juvenile dependency, neglect and abuse actions, dissolution of marriage and matters ancillary thereto, domestic violence actions, juvenile status offenses, paternity, termination of parental rights, and subject to jurisdictional limitations, other actions that may be transferred to the Family Court from 5th Circuit Court or 5th District Court for purposes of consolidation or convenience.
Pursuant to KRS 23A.100, the Family Court shall be the primary forum for these cases, except that nothing shall be construed to limit the concurrent jurisdiction of the District Court where necessary and applicable. Pursuant to KRS 23A.110, additional jurisdiction of the Family Court shall be liberally construed and applied to promote the underlying purposes outlined in the statute.
106 Penalties. The Court may assess costs and fees or impose any appropriate sanctions, including using its full contempt powers against a party or attorney not complying with one or more of these rules. This includes sanctioning attorneys or parties for failing to provide documents as required by FCRPP or failing to appear at scheduled court appearances.
107 Warning Order Attorney and Guardian Ad Litem.
A. In all actions for adoptions of children or termination of parental rights, a Guardian Ad Litem shall be appointed for the child in accordance with KRS 199.473(11) and KRS 620.100(1)(a).
B. Fees. All Warning Order Attorney and Guardian Ad Litem fees paid pursuant to this rule are to be taxed as costs.
a. Motions for compensation shall be accompanied by an affidavit indicating:
i. The statutory basis for appointment;
ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
iii. That the action or proceeding has been concluded and date of disposition.
b. The Guardian Ad Litem fee in actions regarding termination of parental rights, paternity and/or dependency, abuse and neglect are governed by statute.
c. The Circuit Clerk shall pay any remitted fees to the Warning Order Attorney/Guardian Ad Litem upon the approval of the motion requesting compensation.
C. Appointment.
a. Guardians Ad Litem shall be appointed from a list of attorneys who are in good standing with the local Bar Association, have completed the training provided by the Administrative Office of the Courts, and have been approved by the presiding Family Court Judge.
b. A Warning Order Attorney shall be appointed upon request.

Credits

HISTORY: Amended eff. 4-6-16. Prior amendments eff. 5-5-12. Adopted eff. 2-3-04.
Crittenden, Union and Webster Family Court Rule 1, KY R CRITTENDEN FAM CT Rule 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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