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By Charlottesville Divorce Lawyer Rob Hagy

Trial Judge Erred in Denying Mother a Trial De Novo on Appeal to Circuit Court

In the case of Alexander v. Flowers, the Virginia Court of Appeals, in a published opinion, ruled that the trial judge erred in telling a mother appealing a JDR custody decision that if she had no new evidence to present, as indicated by his reading of the JDR trial transcript, he would leave custody with the father and in addition, impose a large attorney’s fee award against the mother.