Virginia Lawyers Weekly VA Lawyers Weekly

The court of appeals could not review the trial court’s fee award because it arose out of the trial court’s unreviewable decision that a party was not in contempt. Background In 2013, the parties entered into a separation agreement, which ...

Tagged with: Civil Procedure Domestic Relations Family Law Judge Robert P. Frank Virginia Court of Appeals

Because a wife executed a property settlement agreement with her husband after deliberate negotiations, with assistance from a mediator and a Navy JAG officer, and without relying on any misrepresentations, her waiver of any share in her husband’s pension was ...

Tagged with: Domestic Relations Family Law Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

Tagged with: Constitutional Domestic Relations Evidence Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

The trial court didn’t err in terminating a father’s parental rights based in part on his responses to the child’s mother’s psychological problems, either abandoning the child with the mother during stressful moments or expecting the child to “get used ...

Tagged with: Domestic Relations Family Law Judge Rossie D. Alston Jr. Parental Rights Virginia Court of Appeals

Despite her negative drug tests and employment, the circuit court did not err in terminating a mother’s parental rights when she still had not obtained stable housing and had made little to no effort to see her children in several ...

Tagged with: Domestic Relations Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

Although a husband did not prove adultery as a basis for divorce, a wife was not necessary the prevailing party in the proceedings, and even if she were, a fee award (or lack thereof) was within the trial court’s sound ...

Tagged with: Attorneys Fees Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were ...

Tagged with: Divorce Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

Tagged with: Constitutional Criminal Evidence Hearsay Judge Robert J. Humphreys Virginia Court of Appeals

The circuit court did not err in denying a mother’s request to continue a hearing to terminate her residual parental rights. She claimed she was unable to get the time off work, though her counsel appeared at the hearing without ...

Tagged with: Domestic Relations Family Law Per Curiam Opinion Virginia Court of Appeals

Although a retirement account partially containing marital property had a balance of zero by the time of the equitable distribution hearing, the circuit court properly applied the relevant statute in considering the account balance at the time the parties separated. ...

Tagged with: Domestic Relations Family Law Per Curiam Opinion Virginia Court of Appeals