Rule 7 Domestic relations practice
Baldwin's Kentucky Revised Statutes Annotated43rd Judicial Circuit - Barren and Metcalfe Family Court
KY RBARF Rule 7
Rule 7 Domestic relations practice
So as to give effect to FCRPP 2 (5), with respect to all marital dissolution actions commenced on or after January 1, 2011, at the initial court appearance the petitioner shall tender to the court for entry a properly completed Form AOC-237, “Status Quo Order,” on which the following language shall appear after the phrase “Other Orders:” “See attached Addendum;” and the text of such attached Addendum shall provide as follows:
ADDENDUM
Neither party shall incur additional debt in his or her own name or the name of his or her spouse without first receiving the permission of the court or filing with the court an agreed order signed by both parties and their attorneys (if any) except that either spouse may incur debt associated with the reasonable cost of living. The law does not define what is “reasonable” or in the “ordinary” course of business, and the court will not prejudge these matters; however; when incurring debt for ordinary living necessities, the parties should keep in mind that they are in a dissolution proceeding and, therefore, what was a reasonable expense or debt during the marriage may not be reasonable under these circumstances. The parties are encouraged to consult with their attorneys (if any) before incurring any debt which they think may violate the order.
Parties with minor children are advised to refer to Appendix B. for Guidelines regarding general Parenting Conduct and Behavior,
703 Required Case Information
A Case Data Information sheet (Form AOC-FC-3) shall be filed with the petition for dissolution of marriage.
A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes. The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing. If no objection and request for hearing is filed, the order shall become immediately effective. When such an order is effective, an action for dissolution of marriage shall not be docketed for hearing on a motion to submit for entry of decree until each party has filed a certificate of completion of the Parents' Education Clinic (“PEC”) (or its substantial equivalent); provided, however, that if one party refuses or fails to attend the clinic and file the certificate as required herein, in the compliant party's motion to submit such party shall include a statement that to the best of such party's information and belief, the Parents' Education Clinic has been available for attendance on at least one occasion subsequent to the occasion on which the compliant party attended a session thereof.
B. If a party refuses or fails to attend the clinic, the court may make such orders in regard to the failure or refusal as are just, including but not limited to the following: (i) an order declining to set or enforce permanent visitation rights for the noncompliant party until the noncompliant party attends the clinic; (ii) an order reserving the granting or approval of final custody; and (iii) in lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey an order to attend the Parents' Education Clinic.
D. If the parties have been previously referred to professional counseling regarding custody and visitation (with such counseling including training for the exclusion of the child or children from parental disputes), the court may, upon the written recommendation of such counselor, waive the requirement that the parties attend the clinic.
Except for good cause shown, the provisions of FCRPP 2 (1) (g) and FCRPP 3 (1) (a) notwithstanding, the court shall not enter a decree of dissolution of marriage except after a hearing on a motion to submit for entry thereof, and except for good cause shown, all parties to an action for dissolution of marriage shall appear in person at such hearing on the motion to submit for entry of decree.
See Appendix C for the 43rd Judicial Circuit Time-Sharing/Visitation Schedule. This schedule is suggested as guidelines for the parents and the court in establishing temporary or permanent time-sharing/visitation schedules. Each case will present unique facts or circumstances which shall be considered by the court in establishing a time-sharing/visitation schedule and the final schedule established by the court or agreed to by the parents may or may not be what these guidelines suggest.
Credits
HISTORY: Adopted effective April 21, 2012.
Barren and Metcalfe Family Court Rule 7, KY R BARREN FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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