Divorce Law Journal

Child Custody Evaluators Entitled to Quasi-judicial Immunity, Published Opinion from Ky Court of Appeals June 17, 2016

FEINBERG V. KEETON

2014-CA-001656-MR

TO BE PUBLISHED

CARTER

http://opinions.kycourts.net/coa/2014-CA-001656.pdf

Mother sued custodial evaluator for providing a false diagnosis regarding “parental alienation.” Trial court did not dismiss case after custodial evaluator made a claim of quasi-judicial immunity. The Court of Appeals holds that a custodial evaluator is entitled to quasi-judicial immunity and instructs the trial court to dismiss the complaint. The Court of Appeals affirms prior precedent stating “custody evaluators are entitled to quasi-judicial immunity as a means to protect the integrity of the judicial process.”

Digested by Elizabeth M. Howell

Adoption and Termination of Parental Rights, Published Opinion from Ky Court of Appeals

M.L.W. V. HEART TO HOME ADOPTION AGENCY, ET AL.

Mother consented to adoption of her three children. Father contested the termination of his parental rights and appealed arguing that the findings of fact were insufficient to terminate his rights. The trial court stated that termination was in the children’s best interest, but did not make any findings supporting its conclusion. Moreover, the GAL improperly provided testimony as opposed to representing the best interests of the children; the Cabinet was not included as a party to the proceeding as required by statute; and, the adoption placement agency made no efforts to return the children to Father. Therefore, the Court of Appeals vacated the trial court’s order and remanded the case for further proceedings.

Digested by Elizabeth M. Howell

DVO, Record on Appeal, Published Family Law Opinion from Ky Court of Appeals

GAMBREL v. GAMBREL

Father appealed entry of a DVO, but failed to ensure the recorded hearing was included with the record on appeal. The Court of Appeals affirmed the entry of the DVO holding, pursuant to King v. Commonwealth, that without the recorded hearing they must assume the content of the hearing supported the entry of the DVO. King v. Commonwealth, 384 S.W.3d 193, 194-195 (Ky. App. 2012). The court notes that this problem occurs most often in family court cases and cautions practitioners to designate hearings to be included in the record on appeal  to ensure all necessary electronic records are included in the record on appeal.

Digested by Elizabeth M. Howell