Mother’s Rights Terminated for Torture 
By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms termination of mother’s rights to her two surviving children, a daughter age six and infant son; the evidence shows parents tortured the daughter by caging her and allowed another infant son to die; termination is in the children’s best interests and alternative family placements were thoroughly investigated and found unsuitable.
Mother [...]
Wife’s Appeal Nets More Fees
By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
In pro se wife’s appeal of a final divorce order, the Court of Appeals summarily affirms the trial court’s denial of wife’s requested continuance, equitable distribution rulings and award of $4,690 attorney’s fees and costs to husband; appellate attorney’s fees also are awarded to husband for wife’s meritless appeal.
The parties separated after over six years [...]
Father’s Appeal Untimely
By Deborah Elkins
Published: May 15, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the circuit court’s dismissal of a father’s appeal from a juvenile and domestic relations district (JDR) court order denying his request for weekend visitation at his place of incarceration; father noted his appeal one day late after the 10-day deadline prescribed in Va. Code § 16.1-296(A) and failed to present [...]
Crime Report Threat Not Duress for PSA
By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
Husband is not entitled to set aside a property settlement agreement (PSA) on the basis of wife’s alleged threats to report him for molesting their daughter; the Court of Appeals says husband failed to meet his burden of proving duress or unconscionability.
Husband and wife separated in 2010, after nearly three years of marriage. Wife’s attorney [...]
Relocating Mom Loses Custody
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court decision awarding father custody after mother unilaterally relocated to a more urban part of northern Virginia; relocation is a material change in circumstances and the record evidence supports that changing custody is in the child’s best interests; mother shows no abuse of discretion in the admission [...]
Per Diem Fine Civil Contempt
By Deborah Elkins
Published: May 1, 2012
Tags: Civil Procedure, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms civil contempt sanctions for a defendant storing unregistered vehicles in violation of a county ordinance and three court orders over a three year period; all facts indicate the proceedings are civil in nature: the commonwealth is not a party and the $1,000 per diem fine is intended to coerce [...]
Support and Fees Affirmed
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court’s order continuing spousal support through the hearing date and awarding wife $500 attorneys’ fees: husband shows no abuse of discretion and his attorneys’ fees objection is procedurally defaulted.
Husband and wife divorced in 1997, after 17 years of marriage. The final decree awarded wife monthly spousal [...]
Continuance Not Required
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
Pro se husband is not entitled to reversal of a final divorce decree awarding wife $960 attorneys’ fees for denial of his requested continuance, the Court of Appeals says; husband was served notice at the new address he provided and shows no abuse of discretion.
After 8 years of marriage, husband and wife separated in [...]
Rights to Six Children Terminated
By Deborah Elkins
Published: April 6, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the trial court’s termination of mother’s rights to six of her children based on the earlier termination of her rights to another child and clear and convincing evidence the children’s best interests will be served; the record shows mother repeatedly failed over a two-year period to follow through on treatment [...]
Rights Terminated After Lengthy Foster Care
By Deborah Elkins
Published: April 6, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court’s termination of mother’s rights to two children who have been in foster care for four years; mother failed to substantially remedy the conditions requiring foster care after her boyfriend’s release from custody and the children were negatively affected and need stability.
The local department of social services [...]
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