Q: In his broad discretion, can a judge relinquish venue under forum inconvenience if the plaintiff waived right to venue.
Plantiff fails to object to venue in preliminary custody matters 3yrs after moving to Oldham county. Participates in further proceedings in decree county. Jefferson county. Until filing motions in (oldham) county of residence and winning temporary order. Files petition for custody in county of residence. Oldham county fails to notify superior county after being made aware of prior custody order. Plantiff than files for custody in oldham even though Jefferson already has custody order in place since 2011. Is it proper for county where custody was originally established to decline venue in favor of the new county. Even though plantiff waived venue in preliminary matter within that original County and significant connection still exist in superior county.
Case law and statutes
KRS 403.822(1)(a) (b)(2)
And KRS 403.834
Biggs v Biggs
Wallace v wallace
Addison v Addison
Do let me know your thoughts?
A: Yes, the judge has discretion to relinquish venue. However, under the Uniform Chid Custody Jurisdiction Act, the judges of the two possible forums are required to converse and make a decision as to where jurisdiction and venue is appropriate and who will be exercising both to hear the case.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.