Rule 7 Domestic Relations Practice
Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Family Court
KY HOTF Rule 7
Rule 7 Domestic Relations Practice
701 Required Case Information
A Case Data Information Sheet shall be filed with any dissolution petition (Form AOC-FC-3), as well as the VS-300 form.
A. Unrepresented parties must sign and acknowledge Appearances, Waivers and Agreements before a notary or deputy clerk.
703 Divorce Education Program
Families involved in a divorce proceeding where there are minor children of the marriage may be ordered to participate in a Divorce Education Program. A schedule of sessions and brochure shall accompany notification of requirement to attend.
A. Mediation
The Court encourages parties to seek mediation of unresolved issues prior to trial. The Court, upon motion of either party, may order the parties to attempt 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.
Any selected or appointed mediator shall have completed a minimum of forty hours in a family mediation training program and shall have a college degree, prior basic education and training in Behavioral Sciences, or be an attorney licensed to practice in the Commonwealth of Kentucky. The parties may select a mediator with equivalent experience.
The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the Court appoints the mediator, the fee for the mediator shall be reasonable. Any objection to a mediator's fee may be addressed by the Court prior to initiation of a mediation conference. Unless otherwise agreed by the parties or ordered by the court, the parties shall equally divide the mediator's professional fees.
Following selection of the mediator, the mediator shall set an initial mediation conference. The mediation conference shall be held in the county in which the case is pending or at a site agreed upon by the parties. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference. The mediator may terminate the mediation conference after a settlement is reached or when the mediator determines that continuation of the process would be unproductive. After the initial mediation conference, mediation shall continue only by the agreement of the parties, their counsel and the mediator, or by order of the Court.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement at the request of the parties.
If no agreement is reached, the mediator shall report to the Court that the mediation has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters, which, if resolved or completed, would facilitate the possibility of a settlement.
Credits
HISTORY: Amended effective May 5, 2012. Prior amendments effective November 19, 2008.
Henry, Oldham and Trimble Family Court Rule 7, KY R HENRY 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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