Livin’ on the Fault Line
We have a new proposal at the Virginia General Assembly courtesy of Del. Bob Marshall (R-13) (as if giving us a bill providing specific definitions of “carnal knowledge” weren’t interesting enough) to prohibit no fault divorce for couples with minor children.
Here’s a link: http://www.richmondsunlight.com/bill/2007/hb2798/
Now I’m all for doing everything we can to keep families together, and I also hate seeing children hurt. I know that it causes pain and trauma to children when one of the people they love, whom they’ve grown accustomed to living with, isn’t a regular member of the household any more (even if custody is shared). But I’m just not convinced that allowing one party to hold another hostage in what might be a combative arrangement is the right approach for the parents or the children. There ought to be more creative solutions to promote family stability and to discourage divorce when possible but at the moment I haven’t seen any more plausible solutions offered.
In the 1960’s “fault” was required for a divorce to be granted throughout the country I suppose. I know this from the education in family law I received from a popular television show called “Divorce Court” which I and my friends would watch after school in our early teens. Actual (supposedly) divorce cases were reenacted by actors playing the parts of the parties to the divorce action. I learned about adultery, and abandonment and when all else failed and someone still wanted out, there was the ever popular “mental cruelty” which was proven by the hysterical and heartbroken partiipants in the drama.
I hadn’t thought about it in decades, but when I heard about the “fault” bill I remembered that my friends and I used to “play” Divorce Court during slumber parties. We composed elaborate skits in which we made up sordid details of fictitious dysfunctional marriages. While one of us played the heartbroken betrayed wife, another would play the sassy, defiant and scantily clad mistress who prissed up to the “witness box” pursuant to subpoena. It was great fun.
Yes, little girls, take heart. If this bill passes you can read all about the private lives of people (as played out in open court) right there in all the papers. And you’ll never have to be bored at a sleepover again.
aprilacain copyright 2007

I was never permitted by my devoutly Catholic mother to watch Divorce Court. She thought it scandalous. Now here I am, a divorced lawyer on the cusp of 50 who does a fair amount of domestic relations law. Who knew?
This legislation will soon die the type of death reserved for stupid legislation, I hope. It’s not that I’m a big fan of divorce — been there, done that — very destructive to kids and adults. But I’ve also had to get a lot of people out of some very bad situations with spouses. The only way to accomplish this is to have the carrot and stick of negotiation coupled with the threat of filing a very nasty pleading if the other side isn’t reasonable. This legislation would hamper rather than increase resolution of such cases.
In Virginia, Judicial Inbreeding Impedes Justice For Children
Prohibiting no-fault divorce for Virginia couples with minor children might increase post-separation litigation. I have noticed that Virginia’s family courts are already experts at creating and endorsing high-conflict cases. Parental conflict, we know, hurts children. All of the best solutions for managing child custody (“parent-time”) disputes share a common theme: miniminzing conflict. Now, minimizing conflict is not exactly in the best interest of most trial lawyers who earn good livings from going to court to litigate cases. Albo knows this.
I truly believe that practicing trial lawyer and chief of judicial “hiring and firing” (as Courts of Justice Chair) Delegate David Albo is Virginia’s biggest enemy of children caught in the middle of highly conflicted parent-time disputes. Think about this quote: “To outsiders, Virginia’s system of lawmakers electing judges looks quirky and even unfair, a cloistered system of good ol’ boys looking out for each other” (–Judge’s reappointment a picture of politics at its ugliest, R. H. Melton, Washington Post, 23 January 2003). I think about this quote a lot. And I thought about it a lot on 27 September 2006 and then on 1 December 2006 as I observed JUDICIAL INTERVIEWS/SELECTIONS (House Room C, General Assembly Building, House Committee for Courts of Justice & Senate Committee for Courts of Justice), led by practicing trial lawyer and chief of judicial “hiring and firing” (as Courts of Justice Chair) Delegate David Albo. Will Albo really prefer a judge who efficiently resolves difficult family cases by getting those cases out of court, for good, as quickly as possible over a judge who exploits by, for example, turning every little motion into a full-blown trial? How does a judge who wants to keep his job keep Albo happy? Think about it.
I wish I could wake up the people of Virginia to our deplorable judicial selection process. It is the basis for 40 or so pieces (http://leg1.state.va.us/cgi-bin/legp504.exe?000+sbj+020+SB016720061) of some of the messiest, most poorly written, “beating around the bush,” proposed domestic relations legislation I have ever seen, to the detriment of about 7000 children who each year join the thousands upon thousands already caught in the middle of ongoing parent-time disputes. Much attention, after all, is dedicated to the 7000 or so caught in foster care. Is this not true?
Do you know that many of Mr. Albo’s cronies are now working both sides of the bench? He likes to call them “substitute judges.” What next?
Please watch for more Wyvell mail, for “the rest of the story.”
Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
Founder, Mothers Against Unjust Law
7831 Enola Street, #TA7
McLean, Virginia 22102
703.748.0072
VWyvell@patriot.net
Veronique Wyvell, RN
Mothers Against Unjust Law
{Member, Fairfax County Network Against Family Abuse}
7831 Enola Street, #TA7, McLean, Virginia 22102
703.748.0072 / VWyvell@patriot.net
MAUL (Mothers Against Unjust Law) Goals:
Rebuttable PRESUMPTIONS Against Custody for Batterers
PPAs (Parenting Plan Agreements) before Litigation
Moratorium on CCEs (Child Custody Evaluations)
MINIMUM Parent-Time Schedules (UTAH Code)
JURY Trials (in Domestic Relations Cases)
PROTECTIVE Parent Reform Acts
PCs (Parenting Coordinators)
DIGITAL Courtroom Records
TERM LIMITS for Judges
SAVE ALBO WITH A CONSTITUTIONAL AMENDMENT ALLOWING JUDGES TO LITIGATE?:
From:Veronique Wyvell
To:publisher@chroniclenewspapers.com;editor@chroniclenewspapers.com
Sent: Saturday, December 23, 2006 11:20 AM
Subject: Virginia courts miss the forest for the trees . . .
My comments are addressed to the publisher and the editor of THE NORTH COUNTY CHRONICLE (Great Falls / McLean / Vienna / Oakton) newspaper.
Re: New Judge Takes Oath at Fairfax County General District Court (–Chronicle, December 2006, http://www.chroniclenewspapers.com/articles/2007/01/05/north_county/news/news02.txt)
On page one you write “The new judge was a partner with the Fairfax law firm of Kelly, Mayne and Daughtrey, where the bulk of her practice was before the General District Courts with an emphasis on civil litigation.”
On page 15 you continue with “In 2004, Mayne was appointed a substitute judge for the 19th Judicial District. During her tenure as a substitute judge, she presided over cases in the Fairfax County General District Court and the Fairfax County Juvenile and Domestic Relations District Court . . .”
I cannot know from your article if Ms. Lisa A. Mayne closed her trial law practice in 2004 when she was appointed a substitute judge. Or did Ms. Mayne both stand in front of the District Court bench as a litigator and sit behind the District Court bench as a judge for these previous two to three years? If the answer is yes, her behavior was not only unethical but quite possibly illegal and unconstitutional.
Your article is masking a terrible truth about the operation of Virginia courts: It is common practice for Virginia lawyers who also serve as substitute judges to both represent clients and rule on cases in the same courthouse.
Please know chief judges select lawyers to serve as substitute judges. And please know Virginia law gives substitute judges and judges the same powers and the same duties.
You have a fine newspaper, but the public is better served with more fully developed articles that challenge even at the risk of offending.
When will Virginia policy makers begin to reconsider the value and the inherent danger of substitute judgeships? If the answer is never, let the people consider amending the Constitution of Virginia to allow judges to practice law.
Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
Founder, Mothers Against Unjust Law
7831 Enola Street, #TA7
McLean, Virginia 22102
703.748.0072
VWyvell@patriot.net
http://thewomenspost.wordpress.com/2007/01/15/livin-on-the-fault-line/#comment-45
MAUL (Mothers Against Unjust Law) Goals:
Rebuttable PRESUMPTIONS Against Custody for Batterers
PPAs (Parenting Plan Agreements) before Litigation
Moratorium on CCEs (Child Custody Evaluations)
MINIMUM Parent-Time Schedules (UTAH Code)
JURY Trials (in Domestic Relations Cases)
PROTECTIVE Parent Reform Acts
PCs (Parenting Coordinators)
DIGITAL Courtroom Records
TERM LIMITS for Judges
ALBO KICKS GOVERNOR’S WIFE TO THE CURB: WIFE OF VIRGINIA GOVERNOR TIM KAINE, FIRST LADY ANNE HOLTON, IS ONE FORMER SUBSTITUTE JUDGE WHO DID IT RIGHT — WHY CAN’T ALBO?
From: Veronique Wyvell
To: asha.holloman@governor.virginia.gov
Sent: Friday, January 19, 2007 10:42 AM
Subject: Former Substitute Judge First Lady Anne Holton, Wife of Virginia Governor Tim Kaine
ATTENTION: ASHA HOLLOMAN
Asha Holloman
Assistant to the First Lady of Virginia, Anne Holton
The Virginia Executive Mansion
Capitol Square
Richmond, Virginia 23219
Dear Ms. Holloman,
Does the wife of our governor, First Lady Anne Holton, hold a personal opinion on Virginia policies that permit practicing trial lawyers who also serve as substitute judges to both represent clients and rule on cases in the same courthouse?
If so, would she be willing to share it with me?
I read in her biography (http://www.firstlady.governor.virginia.gov/AboutAH/bio.cfm) that “Following the birth of her third child in 1995, she took a leave of absence from her work, during which time she served as a substitute judge for the District Courts in Richmond.”
Because her professional background includes a substitute judgeship that followed her service as a Juvenile and Domestic Relations District Court judge for the City of Richmond, her thoughts on this issue would interest me.
I do thank you very much for taking a moment to consider my inquiry.
And please let our First Lady know that I am deeply moved by her concern for older children in foster care.
Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
McLean, Virginia
VWyvell@patriot.net
ALBO MUST GO BUT NOT WITHOUT SUB-JUDGE MAYNE:
The people of Virginia do not need a practicing trial lawyer in charge of hiring and firing judges.
I vote to remove Delegate David Albo as Chair of Courts of Justice.
And I move to RESCIND the appointment of Substitute Judge Lisa Mayne to the Fairfax County General District Court bench.
Working both sides of the bench should not be seen as a smart career move. The Chronicle was wrong to praise Lisa Mayne for what truly is at the very least unethical behavior.
All reasonable Virginians will likely agree.
I know Judge Mutnick does (see Interview of Fairfax County General District Court Judge Mitchell I. Mutnick by Lisa C. Fried, Esq., Fairfax Bar Journal, Fall/Winter 2004).
Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
Founder, Mothers Against Unjust Law
7831 Enola Street, #TA7
McLean, Virginia 22102
703.748.0072
VWyvell@patriot.net
ALBO SIDEKICK STOLLE SNUBS SUB-JUDGES? A SUGGESTION FOR DELEGATE DAVID ALBO SIDEKICK SENATOR KENNETH STOLLE — SNUBBING SUB-JUDGING MIGHT GET THAT FUNDING FOR THOSE NEW FULL-TIME JUDGESHIPS:
From: Veronique Wyvell
To: john.hopkins@pilotonline.com
Sent: Thursday, January 18, 2007 11:37 AM
Subject: Virginia courts miss the forest for the trees . . .
For John Hopkins (Virginian-Pilot Journalist):
Thank you for “Judgeships sought for Chesapeake, Beach” (The Virginian-Pilot / PilotOnline.com / 13 January 2007 / http://content.hamptonroads.com/story.cfm?story=117550&ran=214646).
The people of Virginia are safer with more slots to accommodate more full-time sitting judges than with our current system of relying on practicing trial lawyers to work both sides of the bench.
Very little media space is devoted to educating the public about “substitute judgeships.” Better public understanding of the inherent danger of substitute judging might just help [Stolle] get better funding for new judgeships.
Senator Stolle’s thinking is that “the funding for new judgeships competes directly with transportation and public safety.” Well, many ordinary citizens might just feel that a properly operating judiciary is a “public safety” issue . . .
Veronique Wyvell, RN
McLean, Virginia
VWyvell@patriot.net
ALBO’S REGIME TOO ‘CLOISTERED’ AND DANGEROUSLY INBRED:
The Virginia judicial system is “cloistered,” journalist Melton once wrote: “To outsiders, Virginia’s system of lawmakers electing judges looks quirky and even unfair, a cloistered system of good ol’ boys looking out for each other” (Judge’s reappointment a picture of politics at its ugliest, R. H. Melton, Washington Post, 23 January 2003).
Mr. Melton is now joined by Portsmouth Commonwealth Attorney Earle Mobley who recently “noted the irony of expecting judges to be independent when they are ‘dependent on members of the legislature to be reappointed — the very same legislators who appear before them’ ” (Portsmouth judge’s reappointment could be in jeopardy, Jen McCaffery, The Virginian-Pilot, PilotOnline.com, 17 January 2007, http://content.hamptonroads.com/story.cfm?story=117715&ran=124090). (It is regrettable that “[Mobley's] office doesn’t ask judges to recuse themselves in cases where the people who vote on their jobs are involved.”)
Cloistered and dangerously inbred, thanks to Delegate Albo.
For example, while practicing trial lawyer and chief of judicial “hiring and firing” (as Courts of Justice Chair) Delegate David Albo has made “drinking and driving” his business, sitting Juvenile & Domestic Relations District Judge A. Elisabeth Oxenham of Henrico County has obviously made “drinking and deciding” hers (“Goochland County deputy sheriffs found her with a male companion at 1 a.m. in July 1998 ‘naked and clearly intoxicated’ in the outdoor swimming pool of a country club . . . Oxenham identified herself as a judge and was allowed to leave without being charged with a criminal offense, even though the country club and pool were closed at the time . . .” –see “Assembly gets JIRC reports on 4 judges seeking reelection,” Alan Cooper, Virginia Lawyers Weekly, 7 November 2005, for more misconduct by Judge Oxenham, http://www.virginialaw.com/subscriber/archives_FTS.cfm?page=VA/05/B070535.htm&recID=355912&QueryText=jirc%20and%20reports).
Whether Oxenham is under the influence or not, we are stuck with her because the Albo regime believes she is a good influence for our kids.
Whom should the people of Virginia impeach first? Albo or Oxenham?
We can do better than Oxenham.
And we can do better than Albo.
Veronique Wyvell, RN
Member, Fairfax County Network Against Family Abuse
Founder, Mothers Against Unjust Law
7831 Enola Street, #TA7
McLean, Virginia 22102
703.748.0072
VWyvell@patriot.net
MAUL (Mothers Against Unjust Law) Goals:
Rebuttable PRESUMPTIONS Against Custody for Batterers
PPAs (Parenting Plan Agreements) before Litigation
Moratorium on CCEs (Child Custody Evaluations)
MINIMUM Parent-Time Schedules (UTAH Code)
JURY Trials (in Domestic Relations Cases)
PROTECTIVE Parent Reform Acts
PCs (Parenting Coordinators)
DIGITAL Courtroom Records
TERM LIMITS for Judges
Veronique – your posts are getting caught in the spam filter every time because of all of the links that you have included. While this is certainly useful information, can you please trim the posts so as to not include your contact information in every one, the list of entities in every one, and so forth? Thanks!
I need to contact you. Please email me. Gail, James City County