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Family Law

CAV: No error in divorce; appellate fees granted (access required)

The circuit court did not err in its handling of the parties’ divorce, notwithstanding the husband’s 18 assignments of error on appeal. In particular, evidence supported both the court’s jurisdiction over the parties despite their long trips abroad and the ...

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CAV: 21-day rule prevented court from harmonizing orders (access required)

The trial court correctly held that, absent some reason why its order articulating a fixed pension annuity could not be enforced, it lacked jurisdiction to amend that order – even if the fixed amount therein didn’t match the percentage share ...

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CAV: Baby’s bathtub death supports dad’s loss of rights years later (access required)

The circuit court did not err in terminating the parental rights of a father of six based on his conviction for involuntary manslaughter six years earlier. The offense arose from the death of his infant daughter when he left her ...

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CAV: Marital share of company’s value matches ownership (access required)

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

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CAV: Unknown source of abuse blocks twins’ return home (access required)

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

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CAV: Court had to value student loans as of couple’s split (access required)

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

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CAV: Grandmother’s inaction supports refused placement (access required)

The circuit court did not err in concluding that a 12-year-old girl who had been fostered for two years by the same family, along with her siblings, should not be placed instead with her incarcerated father’s mother. The father’s family ...

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CAV: Mother’s lack of contact with kids supports termination (access required)

Despite significant compliance with social services requirements to reunite with her five living children, a mother had not substantially remedied the conditions that required them to be placed in foster care. She had not seen the children since they were ...

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Va. Cir.: Support modification not doomed by father’s scant evidence (access required)

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

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