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Child Relocation Law – Virginia Lawyers

If you are dealing with a child relocation case in Virginia, contact our law firm immediately for help with the law.

Child Relocation Law in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

James v. James

Facts:

The Circuit Court of Richmond, Virginia, adopted as a “final order” the decision of a judge pro tempore that granted appellee mother primary custody of the parties’ children and that declined to enjoin her from relocating with the parties’ children. Appellant father sought review. While the judge pro tempore’s refusal to enjoin the mother from relocating with the children appeared to fall within the appellate court’s jurisdiction under § 17.1-405(4), the relocation issue was moot since the judge pro tempore presumed the mother’s relocation, which was necessitated by her military transfer, was inevitable. As the judge pro tempore had previously ruled that the mother should receive custody, a separate decision on relocation was unnecessary. Thus, the relocation issue fell within the custody decision, which was not appealable.

If you are facing a Family case in Richmond, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • The Court of Appeals of Virginia’s jurisdiction over domestic relations disputes comes from Va. Code Ann. § 17.1-405, which provides it jurisdiction over: (3) any final judgment, order, or decree of a circuit court involving (c) custody; (d) spousal or child support; (e) the control or disposition of a child; (4) any interlocutory decree or order entered in any of the cases listed in § 17.1-405 (i) granting, dissolving, or denying an injunction; or (ii) adjudicating the principles of a cause. Thus, aside from eligible interlocutory decrees under § 17.1-405(4), the Virginia Code permits the court of appeals to review only “final” orders.
  • As defined by the Virginia Supreme Court, a final order is one which disposes of the whole subject, gives all the relief contemplated, provides with reasonable completeness for giving effect to the sentence, and leaves nothing to be done in the cause save to superintend ministerially the execution of the order. If further action of the court in the cause is necessary to give completely the relief contemplated by the court, the decree is not final but interlocutory

Child Relocation Law in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

A Sris
Sris Law Group
1-804-201-9009

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