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Rule 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated33rd Judicial Circuit - Perry Domestic Relations Court

Baldwin's Kentucky Revised Statutes Annotated
33rd Judicial Circuit - Perry Domestic Relations Court
KY RPERDR Rule 5
Rule 5 Domestic relations practice
Currentness
501 Required Case Information
A. A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
B. In any divorce action where the parties are ordered to attend a Divorce Education Program, the Perry Circuit Clerk's Office shall provide a copy of the Case Data Information sheet to the Families in Transition Office.
502 Appearances, Waivers, and Agreements
A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy 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 and/or e-mail addresses for the attorneys and parties.
503 Divorce Education Program (FIT)
Families involved in a divorce proceeding where there are minor children may be ordered to participate in a Divorce Education Program (Families in Transition). A schedule of sessions and brochure shall accompany this notification of requirement to attend.
504 Property Schedules and Case Management Conferences
A. In any action for dissolution of marriage if any pleadings refer to the existence of marital property or debts incurred during the marriage, the parties shall prepare and file financial disclosure statements in accordance with FCRPP 2(3) and 3(3).
B. Unless notice is given to the court that a case is being mediated, within 60 days of service of the petition for dissolution of marriage upon the respondent, the petitioner shall file a motion for a case management conference for the first available Monday thereafter. (See FCRPP 2(6))
505 Uncontested Final Hearings
At the trial of an uncontested proceeding for dissolution of marriage, counsel shall tender the decree which he or she deems appropriate at the conclusion of the hearing.
506 Motions and Hearings
The moving attorney and/or party shall submit a proposed order to the Domestic Relations Commissioner's recommendations within seven (7) calendar days of the hearing unless otherwise directed.
507 Child Support/Maintenance
A. Once child support has been set by the Court, it shall continue in full force and effect unless modified by the Court.
B. Pursuant to CR 7.03 in any action where the support and maintenance of children or spousal maintenance is in issue, each party shall file all documents required in FCRPP 5 and FCRPP 9. Parties shall comply with CR 7.03 (1) (b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Clerk of the Court shall allow the unredacted sealed copy of the pleading, document or exhibit containing personal identification to be accessed only by a party to the case, an attorney of record in a case, the domestic relations commissioner, a judge in the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the Court. As used in the section, “personal identifiers” means Social Security number or taxpayer identification number, or financial account number.
C. All proceedings related to child support shall be governed by FCRPP 9.
508 Visitation
A parent shall be entitled to time-sharing/visitation as ordered by the Court. The Court shall set time-sharing/visitation as the Court deems appropriate based on each family's situation and need which may be in accordance with the Standard Time-Sharing/Visitation Guidelines, Appendix B, unless otherwise agreed by the parties or ordered by the Court.
509 Decrees, Rules and/or Orders
All Decrees, Rules and all Orders to be entered shall be signed by the Circuit Judge, but shall contain the following notation along the left hand margin:
Recommended on the
___
day of
__________
,
 
By:
 
Domestic Relations Commissioner
510 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 Property 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 any 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. Counsel
The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The attorneys for 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 the respective clients.
D. Completion of Mediation
1. At the conclusion of mediation, the mediator shall report without comment to the Court as to 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.
b. Within 10 days of a final mediation, if the parties have been unable to resolve all issues, the petitioner shall file a motion for a case management conference or final hearing date, unless previously scheduled by the Court. See FCRPP 3(6).
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 remove any pending hearings concerning resolved issues.
E. Confidentiality
Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential.

Credits

HISTORY: Amended effective February 6, 2014. Prior amendments effective May 25, 2012.
Perry Domestic Relations Rule 5, KY R PERRY DOM REL Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document