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I found legal precedent that might help someone!!!

Started by meet virginia, May 19, 2006, 12:04:44 PM

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meet virginia

I was searching abstracts from the VA court of appeals the other night and I finally found a case where the father won just because the mother was being a b****.   The case was in Fairfax county in 1996, Etter v. Etter.  In a nutshell, the parties entered into an agreement instead of letting the judge decide their fate.  They agreed to joint legal with mother as primary physical.  Mother refused to consult father on required issues such as medical care, education, etc.  She even changed one kid's school and refused to discuss it with him afterward.  She refused to communicate with him face to face, only by letter, phone and fax.  She refused to let him pick the kids up just one time and he had to call the cops to get them.  The trial judge found that the parties could not have forseen their inability to get along when they entered into the agreement, and although the father was not blameless, the mother was resisting all of his efforts to get along and follow the agreement.  So the father got legal and physical custody from her, and the VA court of appeals upheld the trial court's decision.  I hope someone out there dealing with this type of situation can use this in their case!!!

gemini3

Do you have a link for this case?  I would find it very helpful.  I'm in VA and having lots of problems.  Thanks.

Dez

The OP contains the date, county and name of the case. You can look it up yourself pretty easy.

redbear762

My wife has been doing these behaviors for over a year during our separation. I am citing this with my lawyer as we go into the PSA negotiation going forward.

Great Job!! :D