Court of Appeals steps in to protect family rights
Bowman Legal is proud to announce a significant legal victory that underscores our unwavering commitment to defending parental rights and ensuring due process. The Kentucky Court of Appeals has granted our petition for a writ of prohibition, effectively halting the enforcement of an order that threatened to unjustly remove children from their parents' custody and issue arrest warrants—all without proper jurisdiction or service.
Case Overview
In January 2025, our clients, were subjected to dependency, neglect, and abuse (DNA) petitions filed by the Jefferson County Attorney on behalf of the Jefferson County Public School system. The allegations centered on claims of educational neglect after our clients unenrolled their children from in-person schooling in Jefferson County, citing a family relocation to Ann Arbor, Michigan. Despite clear evidence of their move, including Michigan driver's licenses and established residency, the Jefferson Family Court proceeded with hearings and issued orders without proper service to our clients.
Bowman Legal challenged the Family Court's actions on the grounds of improper service and lack of personal jurisdiction. The court had authorized service via first-class mail and left summonses at our clients' former Louisville residence without including the DNA petitions, actions that do not comply with Kentucky Revised Statute (KRS) 620.070(2), which mandates personal service of both the summons and the petition.
Court of Appeals Decision
The Kentucky Court of Appeals recognized the merit of our arguments, highlighting that:
Improper Service - The method of service employed did not meet statutory requirements, rendering the Family Court's jurisdiction over our clients invalid.
Lack of Jurisdiction - Given the family's relocation and establishment of residency in Michigan, the Jefferson Family Court lacked both personal and particular-case jurisdiction.
Irreparable Harm - Enforcing the Family Court's orders would have resulted in immediate and irreparable harm, including the unjust removal of the children and the issuance of arrest warrants for the parents.
Consequently, the Court of Appeals granted the writ of prohibition, preventing the enforcement of the Family Court's orders.
Implications of the Ruling
This decision sets a critical precedent in safeguarding due process and jurisdictional boundaries within family law proceedings. It reaffirms that courts must adhere strictly to statutory requirements for service and jurisdiction before proceeding with orders that profoundly affect parental rights and family integrity.
Bowman Legal's Commitment
At Bowman Legal, we are dedicated to upholding the constitutional rights of parents and ensuring that legal processes are conducted fairly and justly. This victory exemplifies our commitment to challenging overreach and protecting families from unlawful actions.
Conclusion
This ruling by the Kentucky Court of Appeals not only vindicates our clients but also reinforces the fundamental principles of due process and jurisdiction in family law cases. Bowman Legal remains steadfast in our mission to defend the rights of individuals and families, ensuring that justice prevails.
For more information on this case or to discuss your legal needs, please contact Bowman Legal. We are here to advocate for you.