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 452.105
KRS. 403.800(3)
KRS 403.822(1)(a) (b)(2)
KRS 403.824;
Krs 403.828
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.
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