Legal Question in Family Law in Virginia
unfounded CPS case
How do you get a motion to transfer (change of venue) to another county a petition to release social services records, because the people who would rule on this case in your county are the ones who put in the malicious complaint?
1 Answer from Attorneys
Re: unfounded CPS case
Unless the circuit court judge is the person who made the complaint, you probably lack a basis for a change of venue.
The procedure to obtain CPS records is to file a petition with the local circuit court. The local department of social services must provide the circuit court with a complete copy of the file. The court reviews the file and determines whether there is anything in the file that indicates that the complaint was made in bad faith. If so, the court can order that the file or part of it be provided to you.
If you really believe that the circuit court judge cannot fairly make this determination, you can file a motion for a change of venue.
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