Legal Question in Family Law in Virginia
I won a relocation trial in juvenile domestic &relations court in va and the father filed an appeal to the circuit court. The father is now trying to get an injunction of my move pending the appeal trial from the circuit court. what is the liklihood that the circuit court will approve an injunction after the jdr court has approved me to move with our child.
2 Answers from Attorneys
Would seem to depend upon where you want to move. If out of state, I would expect the circuit court to grant the injunction since the matter
is now within the jurisdiction of the circuit court and a whole new trial
in the matter must now take place(trial de novo) in the circuit court and may not happen if you and the child have left the state before this trial can occur.
The juvenile and domestic relations judge will most likely review the appeal prior to it going upstairs to circuit court. Perhaps that judge could give some temporary relief. If the child has already relocated by the circuit court date, it may work for or against you. Many factors to consider...and the case is de novo. Sheryl Shane. Attorney at Law. www.sherylshanelaw.com. Tel. 703 503 4448.
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