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Rule 7 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated34th Judicial Circuit - Mccreary and Whitley Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
34th Judicial Circuit - Mccreary and Whitley Circuit Courts
KY RMWC Rule 7
Rule 7 Domestic relations practice
701. PRACTICE AND PROCEDURE BEFORE THE DOMESTIC RELATIONS COMMISSIONER (D.R.C.)
501.1 The practice and procedure before the D.R.C. shall comply with FCRPP 4 and shall also include the following local rules:
A. Once an order has been entered referring a case to the D.R.C, all motions for Temporary Orders (child custody, child support, maintenance, etc.) shall be heard by the D.R.C. Thereafter, it shall be within the authority of the D.R.C. to make recommendations to the Circuit Judge.
B. All motions seeking injunctive relief, contempt proceedings and any other proceedings specifically designated by statute to be so heard will continue to be heard exclusively by the Circuit Judge.
C. All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge.
D. All routine Orders setting contested trial dates, contested hearing dates or affecting purely administrative matters shall be signed by the D.R.C.
E. If agreed upon by counsel for both parties, an agreed order referring a case to the D.R.C. shall be submitted to the Circuit Judge for approval. If not agreed, the motion must be placed upon the motion docket with proper notice given to all parties.
F. Uncontested domestic relations proceedings may be submitted to the D.R.C. upon expiration of any applicable statutory time period, on motion to the Circuit Court, which may then assign the matter to the D.R.C. for final hearing. Distribution for such orders shall include the D.R.C. Upon entry of the order assigning the matter to the D.R.C., counsel should contact the D.R.C.'s office staff to schedule a hearing time. A scheduling order will then be issued by the D.R.C. Alternatively, uncontested domestic cases may be submitted to the Court upon depositions. Counsel should be prepared to tender proposed Findings of Fact, Conclusions of Law and Decree to the Commissioner at the time of the hearing, or to the Court at the time of submission.
G. Contested domestic relations cases that are referred to the D.R.C. shall be orally heard by the D.R.C. All proceedings before the D.R.C. shall be recorded by audio or video and a recording log shall be kept in compliance with FCRPP 4(3).
H. Either party may move the Circuit Court, after the expiration of any statutory time period, to refer the matter to the D.R.C. for final trial. Distribution on all such orders should include the D.R.C. Adjudication of all contested domestic relations proceedings shall be tried by bench trial before the D.R.C. Once the final trial is scheduled, a continuance may be granted only for good cause shown. Following the scheduling conference, the D.R.C. shall then issue a trial order assigning the date, time and place for the final trial.
I. Each party must file a Preliminary Verified Disclosure Statement (AOC-238) and a Final Verified Disclosure Statement (AOC-239) in compliance with FCRPP 2(3) and FCRPP 3(3).
J. At the conclusion of the final trial the case shall stand submitted to the D.R.C. who shall issue a recommendation of Findings of Fact, Conclusions of Law and Decree within sixty (60) days absent good cause shown. The recommendation shall contain the following notation along the left-hand margin:
Recommended:
__________
DOMESTIC RELATIONS COMMISSIONER DATE
K. The final report of the D.R.C. shall be filed with the Office of the Circuit Court Clerk and shall be served by the Commissioner upon counsel for each of the parties. Pursuant to FCRPP 4(4), within ten (10) days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties. Application to the Court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04. The Court, after receiving the D.R.C.'s report, may adopt the report, or may modify it, or may reject it in whole or in part or may receive further evidence, or may recommit it for further hearing.
L. If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an Order approving and incorporating the proposed Findings of Fact, Conclusions of Law and Decree for execution by the Circuit Court and provide thereon and appropriate opportunity for the D.R.C. to execute approval. If exceptions have been filed subsequent to the ultimate recommendation of the D.R.C, then the Orders relevant thereto shall be tendered directly to the Circuit Court.
M. Parenting classes may be ordered on recommendation of the D.R.C and pursuant to FCRPP 6(4). If parenting classes are ordered, a fee of no more than $5.00 may be required, unless a party is unable to pay.
N. Post-judgment motions shall be initially scheduled for hearing by the Circuit Judge. Such matters may be assigned to the D.R.C. for hearing by the Circuit Judge in his discretion, and on a case-by-case basis.
O. Final trials to be heard by the D.R.C. shall begin promptly as scheduled and counsel, parties and all witnesses should be present and ready to proceed at the designated time. Should counsel for the parties wish to obtain the services of a court reporter for the purpose of making a record of the final trial, they may do so at their own expense.
P. All child support payments shall be paid as required pursuant to FCRPP 9.
702. COMMISSIONER'S FEES AND HEARING SCHEDULE
702.1 Hearings before the D.R.C. are scheduled by the D.R.C.'s office staff.
702.2 The D.R.C.'s trial order shall include a projected fee assessment. D.R.C. fees are to be paid to the Circuit Court Clerk pursuant to FCRPP 4(6). The D.R.C, in the final report, may include a recommendation that one party reimburse the other for all or part of the fee.
702.3 Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial. A failure to object to the fee as assessed shall be deemed as a waiver of any such objection unless the final fee assessment should exceed that projected by the Commissioner's trial order.
702.4 All cases in which one or both of the parties are proceeding informa pauperis should be denoted as such in the style of the case.
703. MODEL TIME-SHARING/VISITATION SCHEDULE AND RULES FOR VISITATION
The schedule attached as Appendix B is suggested as a guideline for the parents and the Courts in establishing time-sharing/visitation schedules. Further, recommended parenting guidelines for visitation are attached as Appendix C. 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 August 4, 2017.
McCreary and Whitley Circuit Court Rule 7, KY R MCCREARY WHITLEY CIR 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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