Virginia Lawyers Weekly

A father cannot overturn a trial court decision that considered a report from a guardian ad litem and ordered father to pay $5,000 of mother’s attorney’s fees and to pay the GAL fees, and the Court of Appeals summarily affirms the trial court decision.

Father admitted that he did not like mother and did not communicate with her. Prior to the trial court’s Dec. 13, 2007 ruling, he communicated with mother only two times in thee years. He used the children as messengers. After hearing the stipulations and arguments, the trial court stated, “In light of what everyone has said and how much both sides have agreed and stipulated these parties don’t like each other, I think the guardian ad litem should be involved.” Mother and father could not represent the best interests of the children because they were at odds with each other. The trial court did not err in involving and re-appointing the GAL in this case.

There is no evidence the trial court abused its discretion in accepting the GAL’s report. Mother testified about the incidents that occurred between the children and father since the last hearing. Father also testified about the incidents. The GAL had spoken with the children who explained what had been occurring. The report corroborated the parties’ testimony.

Because father did not preserve these issue for appeal, Rule 5A:18 precludes us from considering the issues of attorney’s fees and GAL fees.

Sandhir v. Sandhir (Per Curiam) No. 1546-08-4, June 16, 2009; Fairfax Cir.Ct. (Thacher) Fred M. Rejali for appellant; Sarah A. Piper for appellee; Nader Hasan, GAL. VLW 009-7-261(UP), 7 pp.

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