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Rule 31 Motion practice

Baldwin's Kentucky Revised Statutes Annotated16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court

Baldwin's Kentucky Revised Statutes Annotated
16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court
General Rules for Domestic Relations Practice
KY ULCR Rule 31
Rule 31 Motion practice
Currentness
A. Kenton Circuit Court.
1. All Domestic motions designated to be heard by the Judge of the Circuit Court of Kenton County shall be set for hearing by telephoning the chambers of the Judge of the division to which the case has been assigned for a hearing date.
2. All motions must be filed in the Clerk's office no later than seven (7) days immediately preceding the day on which the matter is to be heard and a courtesy copy delivered to the Court. Strict adherence to ULCR 5 (A) shall be maintained.
3. A seven (7) day notice of the hearing date of a motion is required.
B. Boone and Gallatin Circuit Courts.
1. All motions designated to be heard by the Domestic Commissioner of the Boone Circuit Court shall be set for hearing by telephoning the chamber of the Domestic Commissioner.
2. All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard.
3. All motions for which a deposit of the Domestic Relations Commissioner's fee is required must be accompanied by said fee for filing. See the section on fees. Any motion not accompanied by the appropriate fee will be returned.
C. Campbell Circuit Court.
1. All motions to be heard by the Judge of the Circuit Court of Campbell County, except final uncontested dissolution hearings, shall be set for hearing on the court's docket. The court will then determine to set a hearing date or assign the matter for hearing with the Master Commissioner.
2. In pendente lite matters, the recommended order and case shall be delivered by the Master Commissioner to the presiding Judge. Unless otherwise ordered, the recommended order shall be signed by the presiding Judge and entered by the Clerk. Objections to the recommended order may be filed within ten (10) days after the order is entered.
3. All motions must be filed in Clerk's office no later than the Monday immediately preceding the Friday on which the matter is to be heard.
4. Upon assignment to the Master Commissioner, a copy of the motion shall be served on the Master Commissioner. All motions, once assigned, for which a deposit of the Master Commissioner's Fee is required should be accompanied by said deposit prior to setting a hearing date. See the section on fees.
5. The setting attorney shall be the only person authorized to cancel the set date of hearing with the court. In the event of a conflict the attorneys shall first communicate with one another to reschedule the motion if feasible. If that is not feasible due to the circumstances of the case the motion shall proceed with the Judge determining the necessity of the motion hearing at the time set.
6. A ten (10) day notice of the hearing date is required unless the parties certify in the notice reasons for a hearing on lesser notice.
D. Temporary Child Support Motions.
1. A Motion for Temporary child support may be filed with the verified Petition or independently. This motion may be scheduled for hearing, or pursuant to KRS 403.160(5)(b) decided by the Court within 14 days of filing. This motion must be accompanied by a Child Support Worksheet and an Affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.
2. If the motion is filed pursuant to KRS 403.160(5)(b), the clerk in the county of filing shall be placed on notice of the Motion and will assure that it is placed before the Judge for determination. A 160(5)(b) Motion shall also certify notice to the opposing party or their counsel of the date the Motion was filed. Upon motion either party may move for a hearing to contest or modify the child support once the court order is entered.
3. See Discovery Rules for the exchange information necessary to establish child support.
E. Temporary Child Custody Motions. See Child Custody Section G1(b) below.
F. Ex-Parte Motions.
1. Ex-parte motions shall be entertained by all Circuit Court Judges. Ex-parte Motions for temporary support shall be filed and heard in conformity with KRS 403.160. Motions for Restraining Orders or Injunctions shall be in compliance with CR 65.
2. It shall be the policy of the Circuit Courts to set a hearing within 20 days to allow the court the opportunity to hear evidence against the issued Order.
G. Child Custody.
It shall be the policy of this court to encourage the parties to cause the least disruption of the children's lives.
1. Temporary Child Custody.
(a) The parties are encouraged to agree to a custody arrangement which will maximize time with both parents and which will cause the least amount of disruption to the children pending final hearing.
(b) Motions for Temporary Child Custody may be set and heard pursuant to ULCR 5, Motion Practice. Motions may also be heard Ex-Parte pursuant to Rule 65.03 and by the District Court pursuant to KRS 403.715 et seq, Domestic Violence and Abuse.
2. Disputed Child Custody And/Or Visitation.
(a) The court encourages the parties to reach an agreement regarding custody and visitation which is in the best interest of the child(ren).
(b) At such time it is determined that custody and/or visitation is in dispute, and the parties are unable to resolve the conflict, a party or the Court sua sponte may move for appropriate action to facilitate a proper finding for custody and visitation.
(c) Such appropriate action may consist of one or more of the following: (This list is not intended to be exhaustive, or to limit the admission of relevant testimony.)
(1) Custody Evaluation;
(2) Psychological Evaluation(s) of a party or parties, and/or children;
(3) Family Counseling;
(4) Mediation where a neutral mediator assists the parties in reaching their own resolution of the conflict;
(5) Mediation/Evaluation where the parties are assisted in reaching their own resolution of the conflict, however, if this fails a custody evaluation occurs which is given to the Court and the parties;
(6) Appointment of a Guardian Ad Litem to represent the best interest of the child(ren);
(7) Appointment of independent counsel to represent the child(ren);
(8) The appointment of such other professional for opinions or advice which the Court deems appropriate;
(9) Such other action deemed appropriate by the Court. In requesting one of the alternatives presented above counsel for a party should present those facts of the case which support the alternative requested. (KRS 403.300)

Credits

HISTORY: Amended effective November 20, 1997, November 29, 1995; adopted effective January 1, 1995.
Boone, Campbell, Gallatin and Kenton Counties, General Civil Rule 31, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV Rule 31
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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