Friday, August 29, 2003
Custody decision remanded because trial judge failed to state basis
In Kane v. Szymczak, the Virginia Court of Appeals in an opinion by Judge Kelsey joined by Judge Elder reversed and remanded an order granting custody to appellant's ex-husband of their children, where the trial court failed to comply with Va. Code § 20-124.3, which requires that "The judge shall communicate to the parties the basis of the decision either orally or in writing." Judge Baumgardner dissented, concluding that the circuit court's letter in context met the requirements of the statute.
Posted by Steve at 12:21 PM