| BONNY FOSTER v. DANIEL SEAN FOSTER | | | | stated that it considered the statutory factors, and |
| COURT OF APPEALS OF VIRGINIA | | | | specifically noted that it considered mother's |
| 52 Va. App. 523 | | | | assertions of domestic violence in determining that |
| August 12, 2008, Decided | | | | Virginia was not an "inconvenient forum." On the |
| On September 5, 2006, father filed petitions in the | | | | record presented on appeal, we conclude that the |
| New Kent County Juvenile and Domestic Relations | | | | circuit court did not abuse its discretion in finding that |
| District Court (JDR court) seeking custody of the | | | | Virginia was not an "inconvenient forum." Moreover, |
| three children. Two days later, on September 7, | | | | the Maine court, which had earlier entered the |
| 2006, mother, unaware of father's petition for | | | | emergency restraining order based on mother's |
| custody of the children in Virginia, obtained an ex | | | | assertion of domestic violence, concurred with the |
| parte temporary protective order from the Caribou | | | | circuit court's determination that Virginia was not an |
| District Court in Maine (Maine court), alleging domestic | | | | "inconvenient forum" to determine the custody |
| violence on the part of father toward her and the | | | | and visitation of the parties' children, and declined to |
| three children. In the same ex parte proceeding, the | | | | continue to exercise its jurisdiction under its |
| Maine court awarded mother temporary custody of | | | | "emergency order." |
| the children. | | | | This Court finds that the trial court did not abuse its |
| Whether the circuit court erred in finding that the | | | | discretion in holding that the Virginia was not an |
| Virginia was the appropriate jurisdiction for custody in | | | | inconvenient forum. |
| light of the facts before the court regarding | | | | Disclaimer: |
| domestic violence? | | | | These summaries are provided by the SRIS Law |
| The Court held that the parties' evidence concerning | | | | Group. They represent the firm's unofficial views of |
| each of the eight factors, including mother's evidence | | | | the Justices' opinions. The original opinions should be |
| of domestic violence. The circuit court expressly | | | | consulted for their authoritative content. |