Virginia Lawyers Weekly VA Lawyers Weekly

Neither the Virginia Uniform Arbitration Act nor the Federal Arbitration Act compel arbitration of the parties’ trust dispute. Both statutes provide for arbitration of contracts. A trust is not a contract. Moreover, a trust beneficiary is not a party to ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Wills & Trusts

“Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no reversible error in the judgment of the Court of Appeals. Accordingly, the Court affirms the judgment of the Court of ...

Tagged with: Domestic Relations Supreme Court of Virginia

The trial court had jurisdiction to terminate appellant’s parental rights even though an abuse or neglect determination involving the same parent and children was on appeal. Background Appellant Simms is the mother of prematurely born twins. Mother did not have ...

Tagged with: Family Law Judge Lisa M. Lorish Virginia Court of Appeals

Where wife alleged in her complaint that she sought a divorce due to husband’s adultery and abuse of alcohol and illegal drugs but later agreed to a no-fault divorce, husband’s conduct may still be taken into consideration for purposes of ...

Tagged with: Domestic Relations Judge David W. Lannetti Virginia Circuit Courts

Even though wife did not put her income and expense report into evidence, she established a need for spousal support through her testimony, which the court found credible. Overview Husband was in the military. He was relocated several times during ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where the trial court gave father the power to decide whether to expand mother’s visitation with the parties’ children, this was an improper delegation of judicial power. Background The parties’ final divorce order provided that father would have sole physical ...

Tagged with: Domestic Relations Judge Frank K. Friedman Virginia Court of Appeals

Where the court changed the permanency planning goals for appellant’s children from placement at home or with a relative to placement with a relative or adoption, this was in the children’s best interest. Overview Mother’s three children are 10, four ...

Tagged with: Family Law Judge Doris Henderson Causey Virginia Court of Appeals

Where mother agreed that father and the parties’ two children could temporarily move from Northern Virginia to Chesterfield County because of COVID-19 and school concerns, the trial court correctly ruled that this was not a material change in circumstances. As ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where mother has argued on appeal that the circuit court incorrectly upheld the JDR court’s orders that increased father’s visitation and denied her motion that father have only supervised vitiation, she waived appeal of the increased visitation order by limiting ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

Where wife received funds from husband’s family before the parties were married, the trial court erred by crediting those funds to husband as his separate property to determine his share of equity in the marital home. Issue and ruling “Code ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals