Charlottesville Divorce Lawyer Rob Hagy

No Appeal Bond Required Where Order Lacked Amount of Arrearage

In the case of Nero v. Williams, the Virginia Court of Appeals (in an unpublished opinion) ruled that a father was not required to post an appeal bond where juvenile and domestic relations district court failed to set forth an amount for an arrearage owed by father.

Language of Property Settlement Agreement Prohibits Increase in Spousal Support; Court Provides Interpretation of the Phrase "responsible for"

In the case of Miller v. Miller, the Virginia Court of Appeals held (in an unpublished opinion) that the trial court properly denied a wife's motion for increase in spousal support where the basis for her claim was that her medical insurance costs have increased.  Wife signed a property settlement agreement stating that each party would be "responsible for" his or her own medical expenses, dental expenses, and medical insurance.

Therapists Still Cannot Be Compelled to Testify Against Patients in Custody and Visitation Cases

Virginia Code Section 20-124.3:1 prohibits one parent from using the testimony of that parent's therapist against him or her.  An effort during the Virginia 2007 General Assembly by Virginia Family Law attorneys to repeal this provision of the Virginia Code failed this month. 

The statute read as follows: 

A. Notwithstanding any other provision of law, in any case in which custody or visitation of a minor child is at issue pursuant to § 20-124.2, whether in a circuit or district court, the records concerning a parent, kept by any licensed mental health care provider and any information obtained during or from therapy shall be privileged and confidential.

B. In any case in which custody or visitation of a minor child is at issue pursuant to § 20-124.2, whether in a circuit or district court, a mental health care provider licensed in the Commonwealth may not be required to testify on behalf of or against a parent or any of the parent's adult relatives, and may do so only with the advance written consent of the parent. If the mental health care provider testifies, such testimony shall be limited to the custody or visitation case in question, and the provider's records and notes regarding that parent shall be admissible in the court proceeding. However, the court may order a licensed mental health care provider to testify on matters specifically related and limited to suspicion of an abused or neglected child as defined in § 63.2-100 of the Code of Virginia.

C. Nothing in this section shall supercede the provisions of § 63.2-1509 of the Code of Virginia related to the required reporting of suspicion of an abused or neglected child.

D. This section shall not apply to mental health care providers who have conducted or are conducting an independent mental health evaluation pursuant to a court order.

§ 20-124.3:1. Custody and visitation; mental health care records; admissibility. —