Peple V. Peple by Virginia Court of Appeals

Peple V. Peple

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  • Genre Law
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Description

While concurring with the result reached by the majority, I would hold that the ore tenus hearing conducted after the divorce decree was entered should have been conducted as a de novo proceeding, and that the change of circumstance principle was not applicable. I am unable to find any language in the Code sections cited by the majority to support a legislative intent to deprive circuit courts of their power to make independent determinations in custody matters unencumbered by a prior decision of a juvenile and domestic relations district court (district court).

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