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Family Law

CAV: “Reasonable reliance” defense applied to court order (access required)

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

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CAV: Husband’s unilateral sale was marital waste (access required)

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

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SCV: Birth mom didn’t allege knowing interference (access required)

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

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CAV: Termination of mom’s rights reversed (access required)

Evidence didn’t support the circuit court’s ruling that a mother failed to remedy past conditions of child abuse. The record also didn’t support affirmance on the alternate ground of inadequate parenting skills advance by the Department of Social Services. Background ...

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Va. Cir.: Marital agreement not procured by fraud (access required)

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 ...

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CAV: Psychological report admission was harmless error (access required)

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, ...

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CAV: Father didn’t protect child from mother’s mental problems (access required)

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 ...

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