8.15 Orders and Decrees

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.15 ORDERS AND DECREES

8.1501 In General. Once the court has considered all the factors set out in section 20-124.3 of the Virginia Code, it has broad discretion to fashion a custody or visitation order or decree that will serve the best interests of the child. In all determinations of child custody or visitation arrangements, whether in a juvenile and domestic relations district court or a circuit court, the judge must communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, the judge should include findings regarding the relevant statutory factors when communicating the basis of the decision to the parties. ¹⁵⁸

Pursuant to section 20-124.2(B), the court must consider and may award joint legal, joint physical, or sole custody, and there must be no presumption in favor of any form of custody. The precise terms of a sole custody or joint custody order depend on the facts produced at trial. The living situations of each parent (or third party), employment schedules, transportation resources, and other factors make each order unique. Counsel may wish

[Page 670]

to consult Chapter 4 of Negotiating and Drafting Marital Agreements, ¹⁵⁹ which discusses custody and visitation agreements and arrangements. That book contains a wide variety of sample custody and visitation arrangements. Although the clauses and terms are expressed as portions of proposed agreements, they can readily be modified to express the wishes of a court following a trial.

If a custody or visitation order prohibits a party from picking the child up from school, a copy of the order must be provided to the school. If the court's custody determination also affects the school enrollment of the child, a copy of the order must be provided to the child's new school and any subsequent schools. School staff are not required to interpret or enforce the terms of the custody or visitation order. ¹⁶⁰

In every proceeding involving custody or visitation, the court must include a requirement in its order that 30 days' advance written notice be given to the court and to the other party by any party intending to relocate and of any intended change of address, unless the court orders otherwise based on "good cause shown." The court may direct the notice to be in a certain form and contain certain information as it deems proper and necessary under the circumstances of the case. ¹⁶¹

The Virginia Military Parents Equal Protection Act ¹⁶² provides that a court order limiting previously ordered custodial or visitation rights because of the military deployment of a parent or guardian must specify the deployment as the basis for the order and must be entered by the court as a temporary order. The order must also require the nondeploying parent to provide the court with 30 days' advance written notice of any change of address or telephone number. ¹⁶³ Further, the order must require that the deploying parent or guardian provide timely information regarding his or her leave schedule and that the nondeploying parent or...