Bill strengthens family mediator confidentiality

Wife Loses Custody, Wins Property

By Deborah Elkins
Published: February 27, 2013
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

The Court of Appeals affirms in part and reverses in part a final divorce decree determining child custody, support and equitable distribution of property; only one of wife’s numerous assignments of error concerning South Carolina property shows reversible error; neither party is awarded appellate attorney’s fees in view of the substantial issues presented. Husband and [...]

Absent Mom Loses Custody Challenge

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

A majority of the Court of Appeals affirms the trial court denying mother’s motion to change child custody after she moved to North Carolina without her two minor children and awards father his appellate attorney’s fees and courts to be determined on remand; the dissent argues mother’s motion sufficiently stated the proffered evidence and she [...]

Husband May Use Marital Funds Post-Separation

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

A husband who drew on marital funds instead of his post-separation salary for post-separation expenses need not reimburse the marital estate, the Court of Appeals holds, as his expenses were proper and did not constitute waste; he will pay $10,000 in monthly spousal support for four years, instead of $30,000 per month indefinitely, as wife [...]

Sketch Decree Inconsistent with Post-Nup

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Clifford R. Weckstein, Roanoke County Circuit Court, Virginia Circuit Courts

A Roanoke County Circuit Court declines to enter a proposed divorce decree that is inconsistent with the parties’ post-nuptial agreement, with regard to child support. The proposed decree says the parties understand that support of the infant child is a right of the child and not of the parties and either party file petition for [...]

Husband’s use of joint accounts upheld

By Deborah Elkins
Published: February 25, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Judge Randolph A. Beales, Richmond Circuit Court, Virginia Court of Appeals News

A high-earning husband did not have to reimburse marital accounts used to pay temporary spousal support and his legal expenses after the parties separated, according to a new decision by the Court of Appeals of Virginia. The husband’s payments – including spousal support, taxes and tuition – were not a “waste” of marital assets, so [...]

Custody Change Back to Mom in Virginia

By Deborah Elkins
Published: February 22, 2013
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

Although the court has great respect for the opinion of the guardian ad litem, who recommends that two boys, ages seven and five, remain in the custody of the father who moved them to Pennsylvania, the Roanoke County Circuit Court orders physical custody returned to the mother in Roanoke, as the court finds the father [...]

Mother Waived Appellate Claims

By Deborah Elkins
Published: February 14, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

A mother waived her objection to a final order terminating her parental rights and the Court of Appeals will not consider her appellate claims, including a claim that the evidence showed that no services were offered to her. Appellant has given us no specific reason to invoke the ends of justice exception to Rule 5A:18, [...]

Facts or Transcript Needed for Appeal

By Deborah Elkins
Published: February 14, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

A mother’s written statement of facts was untimely filed and the Court of Appeals says a transcript or statement of facts is essential to consider mother’s appellate claims that she had remedied conditions leading to removal of her daughter and had abstained from drugs despite evidence of two instances of negative behavior The omission of [...]

Husband’s 19 Assignments Unavailing

By Deborah Elkins
Published: February 14, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s final divorce decree finding no merit in husband’s 19 assignments of error claiming unfair treatment, and errors in rulings as to child custody and support, grounds of divorce, attorneys’ fees and equitable distribution; husband’s arguments are procedurally defaulted by his failure to properly preserve them below [...]