Q: Improper Venue
This is regarding a custody dispute.
The court in the decree county dismissed my petition to enforce and modify its own order. The court found the county where mother lives to be the "proper venue." However I still live and exercise visitation in the decree county. And mother has never filed a motion to change venue. Family Court rules2(2) and KRS 452.105 both make it clear a motion is required from either party before a court can consider itself and improper venue. And they specifically state the subject proceedings is to be "stayed" and transferred not dismissed as in this case. My question here is can a judge use judicial discretion and by pass the rules requiring a motion be filed before a court considers itself an improper venue. Additional can a judge forgo the rules prohibiting dismissal on grounds of improper venue.
A: Unfortunately, yes. Happens all the time. Probably best to refile in mother’s county with a lawyer. Decree county judge likely just saw a way to get rid of your case. Not in conformity with the rules, but it happens all the time.
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