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DrR Rule 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated46th Judicial Circuit - Breckinridge, Grayson and Meade Domestic Relations Rules

Baldwin's Kentucky Revised Statutes Annotated
46th Judicial Circuit - Breckinridge, Grayson and Meade Domestic Relations Rules
KY BGMDR Rule 5
DrR Rule 5 Domestic relations practice
Currentness
5.01 REQUIRED CASE INFORMATION:
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
5.02 APPEARANCES, WAIVERS AND AGREEMENTS:
A. Any unrepresented party who signs and acknowledges appearance and waiver or agreement shall do so before a notary or deputy circuit clerk.
B. No entry and appearance shall be signed prior to the filing of the petition.
C. All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.
5.03 STATUS QUO ORDERS. FCRPP 2(5):
FCRPP 2(5) provides that a Status Quo Order may be issued at the initial hearing. However, in the 46th Judicial Circuit, the initial court appearance may not occur for twenty-one days or more after the initial filing of an action for Dissolution of Marriage. Therefore, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition. The Motion must state that the Respondent has ten days to file an objection to entry of said Order. The clerk shall include a copy of the Motion for service with the Summons and Petition. If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court. If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule. However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
5.04 Hearing shall be by motion set for a time and date certain before the Domestic Relations Commissioner, which time and date shall be provided by the Commissioner if not on a regularly scheduled motion day of the Court. All motions and hearings shall be conducted pursuant to the requirements of statute, the Family Court Rules of Procedure and Practice and the Rules of Civil Procedure.
5.05 If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure. Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
5.06 If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation. If to be submitted on written depositions, any party may notice/motion on the DRC docket for review and recommendation. The Commissioner shall submit his/her report to the Court within ten (10) working days thereafter.
5.07 In uncontested dissolution of marriages or dissolution of marriage wherein the parties reach an agreement on all issues, the following documents shall be filed with the Court:
A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
B. A Waiver executed by the Respondent acknowledging:
(a) that he/she has received the Petitioner's Final Verified Financial Disclosure,
(b) that it is a true and accurate statement of the parties' assets and liabilities,
(c) that the Respondent has not been advised by the Petitioner's attorney, and
(d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.
C. The Respondent shall sign the Waiver in front of a notary (not an employee of the Petitioner's counsel) or the Clerk/Deputy Clerk at the Circuit Court Clerk's Office.
5.08 Upon motion of a party, in contested matters, a pre-trial conference shall be held to establish a schedule and method of proof to be completed within sixty (60) days thereafter.
5.09 The provisions of FCRPP 4(4)(a)(b)(c) and (d) shall apply. It shall be the responsibility of the party filing Objections/Exceptions to notice same for hearing before the Judge of the Court.
5.10 In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) business days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
5.11 At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin. The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission. All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.
5.12 Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.
5.13 TIME-SHARING/VISITATION
A. A parent shall be entitled to time-sharing/visitation as ordered by the Court, which may be in accordance with the Time-Sharing/Visitation Guidelines of the 46th Judicial Circuit attached hereto as Appendix B, unless otherwise agreed to by the parties or ordered by the Court. These Guidelines shall not be used as a default schedule, but shall be used as a basis for determining time-sharing/visitation. The Order entered by the Court may or may not include all or some of the provisions contained therein.
B. All time-sharing/visitation previously ordered by this or any other Court shall remain in force and effect and shall remain unchanged unless subsequently modified upon appropriate notice, motion and hearing.
5.14 CONTEMPT AND INJUNCTIVE RELIEF PRACTICE
In any proceeding for contempt or injunctive relief in a Domestic Relations matter in which there are issues of fact to be resolved, the matter shall be referred to the Judge of the Court for the taking of proof and findings of fact.
5.15 MEDIATION:
A. MEDIATION:
If ordered by the Court pursuant to FCRPP 2(6), the parties shall engage in mediation unless the exceptions provided under KRS 403.036 apply.
B. REQUIREMENTS FOR MEDIATION:
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:
1. Supplement to financial disclosure statement regarding any material change:
2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.)
a. Copies of all documents supporting valuation of assets;
b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and
c. All information and copies of all documents requested by the mediator prior to the mediation conference.
C. QUALIFICATIONS AND APPLICATIONS FOR MEDIATORS:
Any mediator chosen by the parties or the Court shall have completed a minimum of forty (40) hours in a family mediation training program and shall have a college degree, prior basic education and training in the Behavioral Sciences, or be an attorney licensed to practice in the Commonwealth of Kentucky. The parties may select a mediator with equivalent experience.
D. DISQUALIFICATION OF A MEDIATOR:
Any party may move the Court to disqualify a mediator. Mediators have a duty to disclose any fact bearing on their qualifications, including any fact which would be grounds for disqualification of a judge. If the Court rules that a mediator is disqualified, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall limit the discretion of a mediator to refuse any assignment. A mediator may elect to decline to act as the mediator, which is final upon written notification to the parties and the Court.
E. ADJOURNMENT:
The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation or at the request of either party.
F. COUNSEL:
The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The attorneys of each party may attend and participate, subject to the defined roles of the mediator, and shall at all times be permitted to privately communicate with their respective clients.
G. COMPENSATION OF MEDIATOR:
1. The mediator shall be compensated at the rate agreed upon by the mediator and the parties. The mediator's fee may include, but is not limited to:
a. Mediation sessions;
b. Preparation for sessions;
c. Travel time;
d. Postponement or cancellation of mediation sessions by the parties and the circumstances under which such charges will normally be assessed or waived; and
e. Preparation of the parties' written mediation agreement if prepared by the mediator; and,
2. Percentage Fee Schedule:
Each party shall be responsible for paying a percentage of the fee based on their proportional share of their combined annual adjusted Gross Income.
H. COMPLETION OF MEDIATION:
1. At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated). A termination or non-agreement shall be without prejudice to either party.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
2. The Court shall retain final authority to accept, modify, or reject an agreement.
3. The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
I. CONFIDENTIALITY:
1. Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the mediator. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.
2. All conduct and communications made during a mediation conference shall be treated as settlement negotiations and shall be governed by K.R.E. 408.
3. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation which is considered confidential. This privilege and immunity resides with the mediator and may not be waived by the parties.

Credits

HISTORY: Adopted effective May 4, 2012. Amended effective June 6, 2014.
Breckinridge, Grayson and Meade Domestic Relations Rule 5, KY R BRECKINRIDGE DOM REL Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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