Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robinson v. Robinson

Court of Appeals of Kentucky

August 3, 2018

DAVID WILLIAM CLAUDE ROBINSON APPELLANT
v.
JANA HUGHES ROBINSON APPELLEE

          APPEAL FROM WHITLEY CIRCUIT COURT HONORABLE PAUL E. BRADEN, JUDGE ACTION NO. 08-CI-00759

          BRIEFS FOR APPELLANT: Amanda Hill Corbin, Kentucky

          BRIEF FOR APPELLEE: Marcia A. Smith David O. Smith Corbin, Kentucky

          BEFORE: COMBS, KRAMER AND THOMPSON, JUDGES.

          OPINION

          THOMPSON, JUDGE.

         David William Claude Robinson appeals from an order of the Whitley Circuit Court determining that Kentucky is an inconvenient forum to hear this child custody matter and relinquishing jurisdiction to North Carolina under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). We conclude the trial court did not abuse its discretion and affirm.

         David and Jana Hughes Robinson married in 2007 and, in 2008, a decree of dissolution was entered in the Whitley Circuit Court. They have one child who was born in 2008. On June 4, 2009, a final judgment was entered awarding joint custody of the child to both parents with Jana as the primary residential custodian and David having visitation in accordance with the Whitley County Visitation Guidelines.

         On July 20, 2010, Jana sought permission to relocate with the child to Indiana and then to North Carolina. On August 11, 2010, an agreed mutual restraining order was entered as well as an agreed order modifying visitation. Pursuant to that order, Jana remained the child's residential custodian and was permitted to relocate the child to Charlotte, North Carolina. The parties agreed David would have visitation the first full weekend of each month from Friday at 6:00 p.m. to Sunday at 6:00 p.m., with the exchange to occur in Asheville, North Carolina, with summer vacation divided between the parties.

         After August 31, 2010 through January 2017, there was no further activity in the Whitley Circuit Court. However, it is undisputed that court proceedings were held in North Carolina concerning post-decree custody issues.

         The record contains a temporary order entered by a North Carolina court on March 23, 2012, after Jana filed a motion to modify visitation. The court's order noted that a telephonic conference was held between the court and David to inquire about his absence in the case. The court's order reflects that David agreed to amend the Kentucky custody/visitation order by eliminating his monthly visits with the child.

         On May 7, 2012, the North Carolina court conducted a hearing on Jana's motion. David was notified of the hearing but did not appear.

         On June 5, 2012, the North Carolina court issued an order modifying David's visitation. The North Carolina court determined that it had jurisdiction over the child and subject matter pursuant to the UCCJEA as adopted in North Carolina and that the Whitley Circuit Court's final judgment and the order entered on August 11, 2010, had been registered in North Carolina.

         The North Carolina court found that a substantial change in circumstance had occurred. The court found that David had not exercised his monthly visitation and had not exercised summer visitation in 2011 or Memorial Day visitation. Although Jana had driven to Ashville on seven occasions to exchange the child, David did not appear without providing Jana an explanation. The North Carolina court modified David's visitation to terminate his monthly weekend visits and granted him certain holiday visits and one full week in June, July and August provided he notify Jana by specified dates.

         On February 27, 2014, the North Carolina court issued an order allowing the child to travel overseas without David's signature and the issuance of a passport without his signature provided that Jana notify David thirty days prior to any such travel with location and contact information. The court found that David had "extremely low interaction" with the child, there had been instances of domestic violence between the parties and, except ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.