Ky Court of Appeals in a published opinion upholds DVO against mother for her boyfriend's abuse of child

DUNN V. THACKER

Family Court granted Father’s request for DVO against Mother on behalf of himself and child, after finding Mother’s boyfriend was a physical threat to child. Mother appealed arguing the DVO could not stand because it was her boyfriend, not Mother “who committed the alleged domestic violence against Child.”

 

The Court of Appeals affirmed the Family Court holding that Mother’s “inaction in the face of harm inflicted on her child . . . is tantamount to abuse.” In Kentucky, parents, or those acting as parents, have a duty to protect children. Moreover, in this case, Mother herself in text messages “directly implicated Boyfriend in physically abusing Child.” Thus, the DVO was properly entered against Mother and there was enough evidence to support the entry of the Order.

 

 Digested by Elizabeth M. Howell