Court of Appeals Grants Rare Writ of Prohibition in Bowman Legal Case Victory
Bowman Legal Secures Major Win in Protecting Parental Rights and Enforcing Jurisdictional Boundaries in Family Law Proceedings
At Bowman Legal, we are proud to announce a significant appellate victory on behalf of our clients, in a high-stakes family law matter where due process and proper jurisdiction were disregarded by the trial court. In a rare and decisive ruling, the Kentucky Court of Appeals granted a writ of prohibition on March 31, 2025, halting further proceedings in Jefferson Circuit Court due to critical legal errors, including a lack of personal jurisdiction and improper service of process.
Understanding the Case Background
This case began when Jefferson County Public Schools (JCPS) filed dependency, neglect, and abuse (DNA) petitions, asserting “educational neglect” after the family withdrew their children from JCPS following a relocation to Michigan. Despite clear and verified evidence that our clients and their children had moved out of state and were no longer residing in Kentucky, the Family Court issued orders attempting to force continued jurisdiction—including temporary removal of the children and arrest warrants for the parents.
The Family Court relied on hearsay and unsupported speculation, allowing anonymous sightings and vague testimony to override documented proof of Michigan residency, such as valid driver’s licenses and school withdrawal notices. Prior to the Court of Appeals stepping in, the trial court had ordered the children removed from our clients and issued bench warrants against our clients.
Why the Court of Appeals Stepped In
The Court of Appeals found the Family Court’s actions deeply flawed for several reasons:
Improper Service of Process: The Jefferson County Attorney’s Office failed to comply with KRS 620.070(2), which mandates personal service of both the summons and the DNA petition. Merely taping a summons to a door—without the accompanying petition—was legally insufficient.
Lack of Personal and Particular-Case Jurisdiction: The children were no longer “living or found” in Jefferson County as required by KRS 610.010(2). The trial court had no authority to proceed absent proper jurisdiction over the family.
No Immediate Appeal Available: The petitioners had no adequate remedy by appeal because the orders in question were not final or appealable, a key requirement for seeking extraordinary writ relief.
Irreparable Harm and Due Process Violations: The potential removal of children and incarceration of parents based on flawed legal procedures constituted a profound violation of fundamental rights.
The Legal Significance: A Rare Writ Granted
The Court of Appeals granted a second-class writ of prohibition under the “special cases” exception—an extremely rare remedy reserved for extraordinary situations where a lower court’s error would result in irreparable harm and undermine the integrity of the judicial system.
This opinion reinforces a critical legal principle: a family court cannot act without proper service and jurisdiction, no matter the circumstances. Attempting to enforce court orders on families who have lawfully relocated out of state—without satisfying basic due process protections—is not only improper, but unconstitutional.
A Victory for Due Process and Parental Right
The decision by the Court of Appeals not only vindicates our clients, but sends a strong message across Kentucky: family courts must follow the law. Jurisdictional overreach, insufficient service, and arbitrary removal of children will not be tolerated by higher courts.
At Bowman Legal, we are committed to protecting the constitutional rights of parents and families—especially in cases where the stakes are as high as losing one’s children. This case is a testament to our unwavering dedication to fighting for justice and ensuring that every client receives the full protection of the law.
Contact Bowman Legal
If you are facing legal challenges involving child custody, family court orders, or questions of jurisdiction, contact Bowman Legal today. Let our experience, trial advocacy, and appellate success work for you.
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