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Domestic Violence Against Men

The Contra Costa Times has an article on domestic violence against men. Thanks to Janet Langjahr's FlaDivorceLawBlog, for reporting on this. Janet was also kind enough to give me a couple of tips for linking and better describing other family law blogs, which we put in place this weekend.

Commonwealth v. C.J., a Child; 156 SW3d 296 (Ky., 2005)

Commonwealth v. C.J., a Child; 156 SW3d 296 (Ky., 2005)
There is no right of appeal from a Juvenile Court ruling that
a case is to be resolved by informal adjustment.

C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor; S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor, 180 SW3d 485 (Ky., App., 2005)

C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor,
180 SW3d 485 (Ky., App., 2005)
Adoption without the consent of living biological parent is
by its very nature a proceeding seeking the termination of a
parental right. When statutes conflict, the more specific statute
prevails. Held that a party denied right to adopt has a right of
appeal.

A.W., a Child v. Commonwealth, 163 SW3d 4 (Ky., 2005)

A.W., a Child v. Commonwealth, 163 SW3d 4 (Ky., 2005)
KRS 635.060 does not act as a limitation on the length of
sentence a Juvenile Court may impose in the appropriate
exercise of its inherent contempt powers for violation of
its orders. A juvenile can be held in contempt for violating
the conditions of probation.

T.D., a Child v. Commonwealth and D.B., a Child v. Commonwealth of Kentucky; 165 SW3d 480, (Ky.App., 2005)

T.D., a Child v. Commonwealth and D.B., a Child v.
Commonwealth of Kentucky; 165 SW3d 480, (Ky.App., 2005)
Complaints charging juveniles as habitual truants should have
been dismissed for lack of jurisdiction. KRS 159.140 requires
the director of pupil personnel to perform a home assessment.
KRS 630.060(2) provides that no complaint shall be received
unless an adequate assessment of the child has been performed
pursuant to KRS 159.140.

Wright v. Wright and Fraley v. Fraley, 181 SW3d 49, (Ky.App., 2005)

Wright v. Wright and Fraley v. Fraley, 181 SW3d 49
(Ky.App., 2005)
A full evidentiary hearing must be afforded by the
Court before entering or denying a DVO.

Stratton v. Commonwealth of Kentucky, 182 SW3d 516 (Ky., 2006)

Stratton v. Commonwealth of Kentucky, 182 SW3d 516
(Ky., 2006)
Actions of Cabinet for Families and Children in investigating
allegations of child abuse are discretionary, therefore, Cabinet
has immunity from negligence claims.

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005)

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005)
Where first maintenance modification motion was denied,
and no modification resulted, the trial court must look at change
of circumstances since the original agreement or decree.
Res judica does not preclude the court from looking at facts and circumstances
occurring prior to the first motion for modification when no
modification was granted. In modifying an agreement
that is subject to further orders of court, the court must
examine the factors set out in Combs v. Combs to determine
whether cohabitation justifies a reduction in maintenance.

Blitz of Final Decisions with SW3d Cites

We have been slowly doling out the final KY decisions of the last year as we build our online database, so we can keep the blawg interesting with other material. Now we're ready to move on to the latest and greatest, so you will see a blitz of the final decisions of the last year over the weekend. Stay tuned to Michael Steven's KyCases and KentuckyLawBlog for cases as they are decided. There is often a long lag before cases become final, because of motions for rehearing or discretionary review.

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