Legal Opinion

McEwen v. McEwen

Virginia Circuit Court

Decided November 27, 2002No. Case No. CH02-871Published

1Opinion of the Court

By Judge Catherine C. Hammond

This matter is before the court on cross-motions for relief pendente lite, pursuant to Va. Code § 20-103 (2002). Mrs. McEwen moves for custody of her son and exclusive use and possession of the marital home. Mr. McEwen moves for a temporary injunction ordering that he have exclusive use of the home, custody of his son, child support, and attorney’s fees. The court has considered the pleadings, the evidence heard ore tenus, and the arguments of counsel. For the reasons that follow the court denies the cross-applications for exclusive use and possession of the home.

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2Cases cited13 opinions

  1. Maynard v. HillSupreme Court of the United States · 1888
  2. Cooley v. CooleySupreme Court of Virginia · 1980
  3. Wallihan v. HughesSupreme Court of Virginia · 1954
  4. Toler v. Oakwood Smokeless Coal Corp.Supreme Court of Virginia · 1939
  5. Cumming v. CummingSupreme Court of Virginia · 1920

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