Northern Virginia Divorce Law Firm Assists with Order of Enforcement Appeals

Arlington, Virginia Divorce Lawyer Provides Representation in Family Court

In Virginia, the juvenile and domestic relations district courts (J&DR) have jurisdiction over cases determining child custody and visitation. While this jurisdiction runs concurrently with the circuit court, the majority of custody disputes are heard in J&DR courts.

Right to Appeal

Parties to custody cases before a J&DR court retain the automatic right to appeal any decision made to the circuit court. The right to appeal lasts for 10 days from the entry of the order, and while this window to appeal is small, the parties can remove the risk by waiving their right to appeal in the terms of their agreement. By waiving their mutual rights to appeal, parties to a custody agreement can ensure that neither of them will try to renege on what they have decided is in the best interest of their children, and also helps them avoid another custody battle.

It is important to remember that the public policy of protecting the best interests of children will override any agreement to not seek future custody modifications. This means that any custody or visitation decision, whether ordered by a judge or reached by the parents themselves, is subject to modification based on any material change in circumstances, when the change would be in the child’s best interests. So although the parties may agree to be fully bound to the terms of a custody order only as long as that order remains in the best interests of the child.

Contact an Experienced Virginia Divorce Attorney Today

Are you looking to appeal an order of enforcement in Virginia? Claudia Zucker has been representing Virginia clients in family court matters for more than twenty years. Contact her online or call (703) 596-1005 to schedule your initial consultation today.