Kentucky Court of Appeals Reinforces Due Process in Domestic Violence Cases: What Allen v. Newton Means for Family Law Litigants

Kentucky Court of Appeals Reinforces Due Process in Domestic Violence Cases: What Allen v. Newton Means for Family Law Litigants

When Family Courts Skip the Hearing: A Kentucky Court of Appeals Reminder

The Kentucky Court of Appeals made clear in Allen v. Newton what the statute already says: once a family court enters an Emergency Protective Order, an evidentiary hearing is not optional. It is mandatory.

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Kentucky Court of Appeals Reverses Family Court for Custody Modification Without Due Process
Appeals, Family Law, Custody Jason A. Bowman Appeals, Family Law, Custody Jason A. Bowman

Kentucky Court of Appeals Reverses Family Court for Custody Modification Without Due Process

In White v. Cole (Ky. Ct. App. Aug. 29, 2025), the Kentucky Court of Appeals reversed a Jefferson Family Court order that stripped a father of joint custody and granted sole custody to the mother—despite the fact that she never requested it. The appellate court held this was a clear violation of due process and a misapplication of Kentucky’s custody statutes. The opinion also warned family courts to follow the law when relying on Friends of the Court (FOC), requiring timely reports and adherence to witness rules. While the Court affirmed contempt sanctions against the father for violating visitation orders, it reinstated joint custody, sending a strong reminder that Kentucky law presumes joint custody and that courts must respect due process every step of the way.

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