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

Lady Justice

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

Recent Posts

What is Motion Hour?
August 2, 2022
Hardin County Circuit Could erred in finding standing of foster parents to petition for custody, in closing the DNA cases after only temporary custody was decided, and the issue of statutory authority being exceeded – Published Opinion from Kentucky Court of Appeals
July 27, 2022
Together in the living room at home
Kentucky Court of Appeals finds Estill Circuit Court erred in granting aunt and uncle’s adoption petition without natural mother’s consent – Published Opinion from Kentucky Court of Appeals
July 27, 2022