Right to go back to J&D court

[geepers05]

Background - Custody case began in 2002.  In 2003, awarded 100% custody.  Ex immediately appealed to circuit court.  After our testimony, GAL and ex came up with an agreement, giving us 100% physical and 50/50 legal, visitation, etc.   Everything was okay for a while...Ex got upset with kids and didn't see them for 1 1/2 years.  Fast forward to 2006.  Ex moves to our town (in state of Virginia).  Three months after moving, petitions for shared custody based on change of circumstance.

1)  Petition is in circuit court.  What are the chances it will be sent down to J&D court?

2) Is moving alone considered "change of circumstance" in the eyes of the court?

Thanks for your time!

[socrateaser]

>Background - Custody case began in 2002.  In 2003, awarded
>100% custody.  Ex immediately appealed to circuit court.
>After our testimony, GAL and ex came up with an agreement,
>giving us 100% physical and 50/50 legal, visitation, etc.  
>Everything was okay for a while...Ex got upset with kids and
>didn't see them for 1 1/2 years.  Fast forward to 2006.  Ex
>moves to our town (in state of Virginia).  Three months after
>moving, petitions for shared custody based on change of
>circumstance.
>
>1)  Petition is in circuit court.  What are the chances it
>will be sent down to J&D court?

Zero.

>
>2) Is moving alone considered "change of circumstance" in the
>eyes of the court?

No. If you've been exercising primary custody, that will be the "status quo," and the court will seek to maintain it.