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Monthly Archives: April 2007

Immigration – Removal – Arson Conviction (access required)

A citizen of Cameroon who is a permanent resident of the U.S. can be removed based on his convictions for arson and destruction of property, which qualify as crimes of moral turpitude under 8 U.S.C. Sect. 1227(a)(2)(A)(i)(I), as he does ...

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Domestic Relations – Appeals – Standard Of Review – Motion To Strike (access required)

Although husband contends his appeal challenges the trial court’s order granting wife’s motion to strike husband’s evidence on the calculation of a management fee owed to husband under the terms of a settlement agreement, husband has failed to preserve for ...

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Domestic Relations – Appeals – Timely Notice – Equitable Distribution (access required)

The Court of Appeals cannot consider husband’s appeal of issues related to equitable distribution because he did not timely file a notice of appeal. Husband’s attorney endorsed the 2005 decree “seen and objected to” for seven numbered reasons, including the ...

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Domestic Relations – Custody – Therapist Testimony (access required)

In this custody case, the trial court did not err in interpreting Va. Code Sect. 20-124.3:1 to exclude testimony from three therapists: the mother’s therapist, the child’s therapist, and the “communications therapist” for the couple. On appeal, father contends the ...

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Domestic Relations – Custody Change – Assault Of Son (access required)

A trial court did not err in changing primary physical custody of a 15-year-old son to father after mother physically assaulted the boy and, during litigation, mother continually and inappropriately discussed the case and criticized father in conversation with the ...

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Domestic Relations – Custody Change – (access required)

A trial court did not err in transferring legal and physical custody of the parties’ two children from father to the mother, based on the manner in which father handled the joint legal custody arrangement and mother’s visitation. The trial ...

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Domestic Relations – Dad's Move – Best Interests (access required)

There was sufficient evidence in the record to support the trial court decision to award mother primary physical custody, despite father’s claims that the trial court expressed reservations about mother’s fitness as a parent and that the children should be ...

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Domestic Relations – Divorce – Adultery (access required)

Although wife claims she was not sexually active with her former paramour after she had reconciled with her husband upon his return from military service in Iraq, the trial court’s award of a divorce to husband on the basis of ...

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