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Rule VII Domestic relations

Baldwin's Kentucky Revised Statutes Annotated50th Judicial Circuit - Boyle and Mercer Family Court

Baldwin's Kentucky Revised Statutes Annotated
50th Judicial Circuit - Boyle and Mercer Family Court
KY RBMF Rule VII
Rule VII Domestic relations
7.01--Parent Education Classes
The Court may order completion of a parent education class for parties involved in dissolution proceedings or in an action for an initial establishment of custody. If parties are ordered to complete said class, they are free to utilize any provider who customarily provides educational services designed for people undergoing divorce and/or child custody litigation as long as it substantially complies with the current requirements found in the Parent's Education Clinic (4 hour class provided by a Qualified Mental Health Professional).
The Court will hold a docket during its normal motion hour at 1:15 p.m. to hear argument regarding the sole issue of parent education classes. If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.
If parent education is ordered in a case, the Court may not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record. Failure to complete the class may result in sanctions which include a party's custodial rights being unenforceable by contempt until such time as the party completes the class and files proof of same into the record.
7.02--Status Quo Orders
The Court may order the entry of a Status Quo Order. The Court may use the standard Status Quo Order form (AOC Form 237) if the Court finds it appropriate to enter a Status Quo Order in a dissolution case. See Local Rule 2.06 for additional rules relating to entry of a Status Quo Order.
7.03--Mediation
The Court may order mediation at the initial court appearance or any time thereafter. If both parties otherwise agree to mediate and wish to use court mediation, they may contact the judge's office to set up a mediation date. Parties or their counsel may then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place at which the mediation shall occur. Parties and/or their counsel are not required to use court mediation and may use any certified mediator. Mediators are not subject to subpoena.
7.04--Case Management Conferences. FCRPP 2(6).
Upon request of either party, or the Court on its own motion may set a Case Management Conference. Case Management Conferences are thirty (30) minutes. The purpose of said Conference is to allow the Court to determine what issues remain unresolved, to determine how much time the Court needs to allot for a Final Hearing, and to obtain a general sense of the status of the case at that time.
The Court requires Case Management Conferences to be attended by parties and counsel. Excusal of attendance of a party shall be only upon proper motion for good cause shown prior to the Conference.
Parties are free to file motions to be heard at the Case Management Conference. Motions must be filed at least four (4) days prior to the Conference. The Court reserves the right to determine which matters, if any, it shall hear at the Conference or pass them to a later date.
A copy of the Court's standard Case Management Conference Order can be found in Appendix 2. See Local Rule 2.05 for additional rules regarding the Case Management Conference.
7.05--Final Hearings
Upon proper motion, the Court will set a contested matter for an extended Final Hearing. The Court does reserve the right to set any matter for a Case Management Conference if it is revealed that the matter is not ready for a Final Hearing.
The Court may require that all parties and/or their counsel acknowledge that all discovery is complete before a Final Hearing date will be set.
Upon request of either party, or if the Court finds it appropriate, a scheduling order will be entered. Unless specifically requested, the Court does not require a pretrial memorandum, but a party may file same if they so wish. In either situation, it should be filed at least two (2) days prior to the Final Hearing.
A pretrial memorandum should include: a summary of the general facts; statement of any stipulated facts; a listing of all issues of fact and law for adjudication; a concise statement of each general issue in dispute; argument with ample supportive citations of authority pertinent to each issue of fact and law; conclusion setting forth the specific relief sought from the Court; an undated witness list, trial exhibits, etc, and a statement of the status of mediation (if applicable).
In the alternative, the parties may request to submit all proof by deposition and request a decision upon review of the record.
7.06--Uncontested Divorce
Pursuant to FCRPP 3(1), parties may submit a decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage. Please note that the parties may still be required to attend Parent Education.
7.07--Waiver of Disclosures
FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements. In lieu of filing said disclosures, parties may waive said disclosure requirements. Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement. If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties' Decree of Dissolution of Marriage. Absent such writing; the Court expects the parties to file any and all disclosures as provided by the FCRPP.

Credits

HISTORY: Amended effective May 17, 2012. Prior amendments effective January 10, 2005.
Boyle and Mercer Family Court Rule VII, KY R BOYLE FAM CT Rule VII
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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