Decision of the Virginia Court of Appeals

VIRGINIA: In the Court of Appeals of Virginia on Thursday the 14th Day of November, 1996

M. Ismail Sloan,



Charles E. Roberts et al,


Record No. 1389-96-3
Circuit Court No. 9216

From the Circuit Court of Amherst County


Neither a transcript nor a statement of facts was timely filed in this case. In response to this Court's August 8, 1996 show-cause order, appellant has represented that he could raise the following issue on appeal without resort to a transcript of statement of facts:

Whether the courts of Virginia have no jurisdiction over this entire matter.

On September 12, 1996 appellant filed his opening brief and appendix in which he indicated the following additional questions could be raised without resort to a transcript of statement of facts:

1. Whether third parties who are in no way blood relatives or family members of a child have standing to sure for the custody of a child on the basis of having served as foster parent for less than ten months.

2. Whether the courts of the Commonwealth of Virginia can deprive a parent of the custody of a child solely on the grounds of objections made by third parties to the life style and religion of the natural parents.

This court finds, however, that a transcript or statement of facts is indispensable to a determination of these issues. Accordingly, this case is hereby dismissed. See Anderson v. Commonwealth, 13 Va. App. 506, 413 S.E. 2d 75 (1992); Turner v. Commonwealth, 2 Va. App. 96, 341 S.E. 2d 400 (1986).

This order shall be certified to the trial court.

A Copy,


Cynthia L. McCoy, Clerk

By: /s/ Marty K. P. Ring
Deputy Clerk

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