Lawson v. Woeste
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The Supreme Court affirmed the order of the family court denying Appellant's petition for a writ of prohibition to stay a child custody order entered by the circuit court pending her appeal, holding that the court of appeals correctly held that the extraordinary relief of a writ of prohibition was not warranted.
The trial court ordered that Appellant's two minor children relocate from their residence with Appellant in Mississippi to live with their father in Kentucky. In her petition for writ of prohibition, Appellant argued, among other things, that the trial court lacked subject-matter jurisdiction to enter the relocation order. The court of appeals denied the petition. The Supreme Court affirmed, holding (1) Appellant was not entitled to a first-class writ because the trial court acted within its jurisdiction; and (2) Appellant was not entitled to a second-class writ because Appellant had an opportunity for recourse through her direct appeal.
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