Law Commons^™

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

Law Faculty Publications

"The appellate courts of this Commonwealth are not unlit rooms where attorneys may wander blindly about, hoping to stumble upon a reversible error."

These words of Judge Humphreys, denying a 2016 child custody appeal, are cogent. Yet four months later, in another appeal, Judge Humphreys joined a unanimous decision overturning a common provision in a custody order. In Bonhotel v. Watts, the Court of Appeals of Virginia held that judges cannot delegate judicial decision making power in child custody cases to outside professionals. This sounds obvious, but such delegation is actually ordered all the time. In final orders, Virginia's trial …

Inequity In Private Child Custody Litigation, Dale Margolin Cecka

Law Faculty Publications

This article explores the history and implications of a two-tiered system for adjudicating matrimonial-as opposed to nonmatrimonial- custody matters. As the author uncovered by calling every clerk's office in every major city in the country, matrimonial matters are under a different jurisdiction or part of court in nine states.' This differential treatment has implications for the outcome of private custody cases. It also reflects a bias in the administration of justice, based on race and socioeconomic class. Perhaps most importantly, it causes the government and other outside parties (such as court appointed guardians ad litem) to be more involved …