Mother’s Appeals Untimely and Moot

Mother’s Objections Fail

By Deborah Elkins
Published: April 5, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court order awarding father sole custody of the parties’ eight-year-old child; mother expressly included visitation in her circuit appeal and her other appellate arguments are procedurally defaulted. The parties have one child, age eight when the Juvenile and Domestic Relations District (JDR) Court entered an order incorporating [...]

Mother’s Custody Appeal Fails

By Deborah Elkins
Published: March 20, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s awarding custody of minor child to father after he moved to another county; the trial court’s untimely denial of mother’s motion to reconsider bars her appeal. Parents divorced in September 2011. They agreed to joint custody of their minor child with physical custody on alternate weeks [...]

Wife’s Appeal Fails

By Deborah Elkins
Published: March 12, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court denying wife’s motion to require husband to contribute to their child’s extracurricular activities after he gave notice withdrawing his agreement. Husband and wife separated after six years of marriage and one child. Their custody, support and property settlement incorporated in their final 2007 divorce decree called [...]

Rights Lost After 16 Months

By Deborah Elkins
Published: February 27, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

In response to a complaint in 2007 when child was three years old, the local department of social services (DSS) intervened; the Court of Appeals upholds termination of her parental rights. Mother tested positive twice for marijuana and agreed to voluntary services, including referral for alcohol and drug services (ADS). She participated sporadically and did [...]

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 [...]

Pro Se Employer Loses Case

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

An employer challenging an award of workers’ comp benefits has waived its issues on appeal by failing to comply with procedural rules, including proper binding of the brief and appendix, including assignments of error and a statement of facts; the Court of Appeals finds employer’s failure to comply with the rules to be significant and [...]

Pro Se Claimant Loses on Procedure

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

In light of the pro se claimant’s many procedural errors, the Court of Appeals finds no merit in his appeal of a denial of his claims for wage loss benefits, disfigurement and medical expenses. Claimant’s opening brief fails to include a table of contents, table of authorities, assignments of error, standard of review and citation [...]

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 [...]