Home (page 2)

Tag Archives: Virginia Court of Appeals

CAV: After custody switch, new child support order replaced old (access required)

After he was granted sole legal and physical custody of his child, an order granting a father’s petition for child support effectively terminated a previous order setting forth the father’s child support obligations. The old order had been entered when ...

Read More »

CAV: Brief appealing “adoption” goal lacks legal authorities (access required)

A mother’s opening brief lacked sufficient principles of law and legal authorities to merit review of the circuit court’s order finding a risk of abuse or neglect and approving the goal of adoption for her child. Background Mother and Father, ...

Read More »

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 ...

Read More »

CAV: Visiting house didn’t support probable cause for arrest (access required)

The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact ...

Read More »

CAV: No double jeopardy under new SCOTUS ruling (access required)

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

Read More »

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 ...

Read More »

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 ...

Read More »

Overnight stay won’t support common law marriage (access required)

Marriage License Signing FEA

A “husband” whose nine-year marriage was negated because the couple’s Washington wedding was at odds with their Virginia paperwork cannot save the union by labeling it a common law marriage under D.C. law. The Court of Appeals of Virginia ruled ...

Read More »