CaseDINWIDDIE DEPARTMENT OF SOCIAL SERVICES v. RENEE BAGLEY NUNNALLY, ET AL.
(Record Number 131584)
FromFrom the Court of Appeals of Virginia.
CounselJoan M. O'Donnell and Kevin B. O'Donnell for Appellant.
George H. Edwards (George H. Edwards, J.D., P.C.) for Appellee Renee Bagley Nunnally. Marlene A. Harris for Appellee Timothy B. Nunnally. Lawrence D. Diehl and Ann Brakke Campfield (Barnes & Diehl, P.C.) for Intervenor Citizen Potawatami Nation.
Assignment of Error
- The Court of Appeals erred in reversing and remanding the case to the trial court for further consideration because the trial court relied on the advanced stage of the proceedings and the undue hardship the transfer would cause, in addition to the best interests of the children, in deciding not to transfer the proceedings to the tribal court. Such decision was well within the trial court's discretion and should not be overruled absent an abuse of discretion.
- The Court of Appeals erred in holding that the best interests of the child is not a relevant consideration in determining whether good cause exists not to transfer.
- The Court of Appeals erred in creating a new standard that the trial court must consider whether the transfer of jurisdiction itself would cause, or would present a substantial risk of causing immediate, serious emotional or physical damage to the child.