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KRS 403.240

Decree or temporary order -- Failure to comply with -- Good-cause defense -- Attorney's fees

Known as the Uniform Child Custody Jurisdiction and Enforcement Act

The act spans §§ 403–403 (180 sections).

Applied in 7 court decisions — leading case Pennington v. Marcum (2008)

Most recently applied in Coffey v. Wethington (February 2014)

Effective: July 14, 1992 History: Amended 1992 Ky

How often courts cite this section

1987199020002010201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended; but he may move the court to grant an appropriate order.

(2) The failure of either party, without good cause, to comply with a provision of a decree or temporary order or injunction, including a provision with respect to visitation or child support shall constitute contempt of court, and the court shall remedy the failure to comply.

(3) Good cause not to comply with a provision of a decree or temporary order or injunction with respect to visitation shall include mutual consent of the parties, reasonable belief by either party that there exists the possibility of endangerment to the physical, mental, moral, or emotional health of the child, or endangerment to the physical safety of either party, or extraordinary circumstances as determined by the court.

(4) The court may, if no reasonable cause is found for denial of visitation, award attorney's fees to the prevailing party.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.