Several new laws took effect in Virginia on July 1st 2023 that involve family law matters. Here is a synopsis:
Pregnancy and Delivery Expenses
Previously, mothers could seek reimbursement of “reasonable and unnecessary unpaid expenses of [their] pregnancy and delivery” in connection with an action to establish paternity. But what was meant by “unpaid”? With the July 1st clarification, pregnancy and delivery expenses (both paid and unpaid), as well as expenses incurred for the benefit of the child prior to the birth of the child, can be apportioned between parents. The statue now presumes apportionment of all such expenses in proportion to income.
Educational Seminars
Parties to any petition where a child whose custody, visitation or support is contested are now required to show proof that they have attended an educational seminar or similar program conducted by a qualified person or organization, with the seminar program having been approved by the Office of the Executive Secretary of the Supreme Court of Virginia. Previously, the seminar just had to be approved by the court.
Divestiture to JDR Court
The circumstances under which the Juvenile and Domestic Relations District Court is divested of jurisdiction per Virginia Code § 16.1-244 have been clarified such that a hearing (including a pendente lite hearing) still has to be set on the court’s docket within 21 days of the filing of a divorce action, but the hearing itself may occur after such 21-day period.
Notice of Appeal from JDR Court
In order to address the situation where the appellee in a matter from JDR Court is in the “dark” about the appeal for a period of time, Virginia Code § 16.1-296 has now been amended to require that a “copy of the notice of appeal shall be served by the appealing party upon the opposing party or each counsel of record.”
Retention of Guardians ad Litem upon Appeal to Circuit Court
Ending the debate about whether GALs appointed in the JDR Court remain appointed for appeals to Circuit Court, the following has been added to Virginia Code § 16.1-1-268: “Any attorney appointed to represent the child or parent, guardian, or other adult pursuant to this section may continue to represent such child or parent, guardian, or other adult upon appeal to the circuit court unless relieved or replaced in the manner provided by law.”
Appeals of Pendente Lite Orders to the Court of Appeals
Virginia Code § 17.1-405(A)(5) has been clarified to provide that pendente lite awards in domestic relations cases do not qualify for appeal. Note, however, that the issue is not resolved for all time, as the Bill directed the Virginia Family Law Coalition to conduct a study on appeals of interlocutory decrees or orders involving domestic relations matter in the Commonwealth.
Electronic Passwords and Protective Orders
Petitioners for Protective Orders may now be given passwords when being granted exclusive use and possession of a cellular telephone or other electronic device. Respondents may be enjoined from using a cellular telephone or other electronic device to surveille the Petitioner.
Introduction of Medical Records in Juvenile Court
To combat the increasing tendency of medical providers to make obtaining records and testimony difficult, any party and/or GAL may present evidence in the JDR Court (in any case involving the custody, visitation, placement or support of a child or spouse) as to the extent, nature and treatment of a party or a child (and the costs of such treatment and examination) by (i) a report or statement from the treating or examining health care provider or (ii) the bills showing the costs of examination. Such evidence is to be admitted if the presenting party gives the opposing party written notice 30 days in advance of trial. Any pleading in response must be filed at least 15 days in advance of trial. The opposing party is permitted to subpoena the professional for cross examination.
Ex parte Extension of Permanent Protective Orders
Sometimes a victim of family abuse wants to request an extension of the term of the Protective Order, but cannot get a hearing scheduled before the expiration of the Order. A new law provides the court with the authority to issue an ex parte Protective Order until the extension hearing (which must be held within 15 days of the issuance of such ex parte protective order and can be held after the expiration of the permanent Protective Order).
Attorney Charging Liens
Among other changes, Virginia Code § 54.1-3932 provides that an attorney charging lien may be asserted at any point in the representation, and must be asserted within 45 days of the conclusion of the representation. As before, the amount and validity of the lien may not be determined until conclusion of the underlying action in divorce suits.
Get Advice on New Laws in 2023 Affecting Family Law Cases in Virginia
Be sure to read the entirety of the new laws before relying on any (or all) of them for your cases! For assistance with advice or legal representation on your family law case in Fairfax and Northern Virginia, contact the attorneys at Cooper Ginsberg Gray (www.cgglawyers.com) or (703) 934-1480.