Soc, I had it all wrong....what's new?

[dipper]

Soc,

We are in Virginia.  I have been discussing, on this forum, 'my' custody case that failed last week.  As you recall, we proved significant change in circumstance and my 14 year old wanted to live with me......but, the judge said son was just manipulating and made several comments that seemed prejudicial.

My lawyer was not as effective as he could be in catching bm in her lies...and I was not sure he proved that I was the better parent.  I had discussed the appeal situation with you and had decided for myself to file the appeal just so I could see the transcripts and judges findings and conclusions...but couldnt see going through those months of briefs.

Soc, lawyer emailed me back today.  He is not talking about taking this to the court of appeals of Virginia.......He doesnt feel it's an issue based appeal.  He in fact, does not feel the judge did anything wrong....but, he does feel that 8 out of 10 judges would have ruled in our favor.  In fact, he stated that he and opposing attorney had spoke as judge was seeing son in chambers and they both felt that I would get custody.  However, the judge simply felt son was manipulating everyone in order to 'dictate' where he wanted to live.

Lawyer says there is NO transcript from J & D to get.  He says we want only to get a new trial.....to start fresh.  In his email, he said to file for a trial de novo,  for a hearing in circuit court.    There is no need for briefs and no matter what, we would get a new trial.

Soc, is there an automatic appeal to circuit court if your case doesnt go well in J & D?


My dh went to circuit court when that company appealed the garnishment they should have paid?


Is it pretty much the same - you get a chance to go at it again?


Are these judges family law judges, or kinda....generic?

[socrateaser]

>Soc, is there an automatic appeal to circuit court if your
>case doesnt go well in J & D?

Your situation demonstrates the hazard of generic advice from someone with no specific knowledge of your jurisdiction's court system. VA has district courts and circuit courts, and they both have jurisdiction over family law matters, that in other states, principally those west of the Mississippi, are consolidated into one trial court. If I had known you were in district court, then I probably would have said, "WHY?"

I guess it's good that there is a lower court system in which you can try your case and then try it again in circuit court. On the other hand, it's a waste of money, because if the courts were all consolidated, then you wouldn't be spending twice the money to get a final answer (prior to a real appeal).

Anyway, the fact that there is no transcript is actually dispositive on the issue. Where a final deprivation of life, liberty or property occurs, Due Process requires a final judgment "on the record." And if there's no record, then no judgment can be final and comport with due process. So, you get a trial de novo if you want one.

That's the legal theory, anyway.

>My dh went to circuit court when that company appealed the
>garnishment they should have paid?

Exactly.

>Is it pretty much the same - you get a chance to go at it
>again?

Yep.

>Are these judges family law judges, or kinda....generic?

I would imagine that you will be assigned a judge who specializes in family law matters. But, it's VA, and I really don't know. You should look at the State's circuit court website (assuming it exists) and see how it describes its jurisdictional authority and process.