2011 Kentucky Revised Statutes CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.747 Testimony to be given under oath -- Consideration of specified areas respondent is to be excluded from.
KY Rev Stat § 403.747 (1996 through Reg Sess) What's This?
403.747 Testimony to be given under oath -- Consideration of specified areas
respondent is to be excluded from.
(1)
(2)
(3)
(4)
Testimony taken at any hearing or other proceeding authorized by KRS 403.715 to
403.785 shall be taken under oath.
(a) Before imposing a condition described in KRS 403.740(1)(d) or
403.750(1)(d), the court shall afford the petitioner an opportunity to provide
the court with a list of specified areas from which the petitioner would like the
respondent excluded and shall consider the petitioner's request, if any, in
determining the locations the respondent will be ordered to refrain from going
to or near. The petitioner shall provide the court with an explanation of the
reasons for and the benefits of ordering the respondent to be excluded from
each location.
(b) Before imposing a condition described in KRS 403.750(1)(d), a court shall
afford the respondent an opportunity to provide the court with any objections
or concerns relating to areas which the petitioner has requested that the
respondent be ordered to refrain from going to or near. The respondent shall
provide the court with an explanation of the reasons for or the benefits of
denying the petitioner's request that the respondent be excluded from each
location. If the respondent or counsel for the respondent fails to appear for the
hearing, the respondent is deemed to waive, until and unless another hearing is
set, any objection to the petitioner's request.
If the court imposes a condition described in KRS 403.740(1)(d) or 403.750(1)(d),
the court shall specifically describe the locations that the respondent has been
ordered to refrain from going to or near and the minimum distances, if any, that the
respondent shall maintain from those locations. The court may consider whether the
respondent may pass a prohibited location when going to or from any other location
and the times of and necessity for modifying any order to accommodate this travel,
provided that the respondent does not interrupt his or her travel to harass, harm, or
attempt to harm the petitioner.
The court shall not order the respondent to refrain from going to or near a location
where there is not a specific, demonstrable danger to the petitioner, minor child of
the petitioner, family member, or member of an unmarried couple protected in the
order.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 170, sec. 6, effective July 15, 2010.
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