Legal Question in Family Law in Kentucky

Re: feuding neighbors

If the neighbor knowingly made a false CPS report AND you can show she made the report, then you can litigate against her. Only reports made in good faith are protected from prosecution. Proving both of the above would be exceedingly difficult.

Neighbor difficulties such as this can become as nasty as a bitter divorce, so tread carefully. If there is any way to make peace with this neighbor, that would be a wiser course of action than any form of litigation. If that is not possible, and you are determined to make her stop, then start investing in gathering evidence. Buy an outdoor video camera to capture her driving. Line up your witnesses and make sure they are as determined as you since witnesses notoriously water down what they say once in the courtroom.

Remember, though, that if the neighbor is not exceeding the speed limit and not driving recklessly from an objective point of view, then even these efforts will likely not yield what you are looking for.

Re: feuding neighbors

It is certainly not unusual for children to be found playing in neighborhood streets such as the cul-de-sac you describe. Strictly speaking, however, it is illegal for children or other pedestrians to play in or loiter about streets and roadways. Parents are required to supervise their children and see to it that they play only on private property or in appropriate public parks and playgrounds.

In low-traffic areas, it is common for police to ignore kids playing ball or skateboarding in the street. After all, every cop was once a kid.

But this does not mean that letting children play in the street is either legal or safe.

The CPS folks have more important cases to deal with than kids playing on side streets, and can be expected to exercise their sound discretion in such matters.

Under Kentucky law, however, you may not take any civil or criminal action against a person who files a CPS complaint; even if the complaint is unfounded. In fact, CPS must refuse to tell you the name of the complaining party.

As for the neighbor who speeds through the neighborhood, this is of course a serious problem, since it involves the potential for serious injury or even death to small children. You should certainly report this to your local police agency, but don't expect them to assign a full-time traffic control officer to guard your cul-de-sac.

If your neighbor repeatedly speeds on your street, it is possible for you and your neighbors to file a civil lawsuit against her, asking the court for a restraining order. This will be expensive and time consuming, and not much of a realistic remedy.

Finally, you might call your local city councilman or mayor and request the installation of "speed bumps" on your street, to slow down traffic.

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