Schuelke v. Schuelke
This text of 17 Va. Cir. 281 (Schuelke v. Schuelke) is published on Counsel Stack Legal Research, covering Chesterfield County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
After thorough consideration of the evidence and the case law, the Court has determined that the requested injunction should be denied. Virginia case law has established that the Court has the authority to enjoin a parent from moving a child out of the state where it is not in the best interest of the child. Gray v. Gray, 228 Va. 696 (1985); Carpenter v. Carpenter, 220 Va. 299 (1979); Scinaldi v. Scinaldi, 2 Va. App. 571 (1986); Simmons v. Simmons, 1 Va. App. 358 (1986). The Court finds that the circumstances of this case distinguish it from the above-referenced cases because this injunction would prevent an in-state move of the children from Richmond to Roanoke. Thus, the requested injunction must be denied.
If the children are moved to Roanoke, the Court will not make this a consideration in determining who should have permanent custody.
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Cite This Page — Counsel Stack
17 Va. Cir. 281, 1989 Va. Cir. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuelke-v-schuelke-vaccchesterfiel-1989.