Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

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

A husband’s claim that the circuit court erred by finding he gifted contested property to his sons was rejected, as the appellate court said the lower court never made that finding but had concluded only that the husband had divested ...

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

Rejecting a mother’s argument that the circuit court erred in finding her children were abused or neglected, the court said the totality of the evidence, which included a video interview of the minor who claimed to have been sexually abused; ...

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

Where a mother failed to substantially comply with goals set out for her in a foster care plan, did not secure independent housing or find employment, the court’s termination of her parental rights was upheld. Background In March 2015, child ...

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

A husband presented no evidence or legal authority to prove his wife’s 1987 divorce in Peru was not final when he married her in 1988. The Virginia court did not err in granting the wife a divorce. Background Wife’s previous ...

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

It was in a child’s best interests to terminate the parental rights of the father who did not comply during the child’s 29 months in foster care with conditions of the foster care plan, and who failed to complete substance ...

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

Where the record contained extensive evidence of the horrific child abuse suffered by the child at the hands of the defendant, the trial court did not err in terminating his parental rights. Background On Jan. 27, 2017, Y.Y., a four-year ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

Where the record amply supported the trial court’s conclusion that the defendant subjected her stepson to “aggravated circumstances,” including not seeking immediate medical treatment for injuries inflicted by his father or addressing the father’s abuse, the court did not err ...

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

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Grandparents’ objections to an order terminating a father’s parental rights and an adoption order came too late, and their motion for permission to review the adoption file was properly denied by the court for confidentiality reasons. Background The Middlesex Department ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals