Chand v. Chand, Record No. 0421-16-4 (October 4, 2016)
Father is the biological father to two daughters and his now ex-wife had adopted the girls in a stepparent adoption. Mother and father also are the biological parents to two sons. The parents divorced and mother filed petitions to dissolve the adoptions of the girls. She alleged that father had alienated the girls from her. According to mother, the girls have refused to talk with her or visit her for an extended period of time. In her petitions, mother expressed her concern that father's actions toward the girls are affecting her relationships with her sons. Mother argues that the trial court erred by failing to consider the facts in her petitions as admitted for purposes of the demurrers; failing to consider Code § 8.01-428 with regard to her petitions and father's demurrers; deciding the demurrers without considering the facts in her petitions; dismissing her petitions based on public policy, which went beyond the scope of father's demurrers; not citing any legal authority in its ruling to dismiss her petitions; and refusing to allow mother to amend her petitions. The circuit court based its decision to grant the demurrer and dismiss the petitions on the following reasons, "(a) that it has no authority to dissolve adoptions, and (b) that the dissolution of an adoption is against public policy, and (c) that the Supreme Court has consistently held same and there has been no legislative change on this issue at the time of the hearing."
The Court of Appeals held that the circuit court did not err in dismissing the petitions because it lacked the jurisdiction to dissolve the adoptions, and thus "we need not address the public policy ruling."