Patricia S. (Plisco) Broderson v Charles Plisco,Jr

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Willis, Annunziata and Overton
Argued at Richmond, Virginia
PATRICIA S. (PLISCO) BRODERSEN MEMORANDUM OPINION* BY
v. 	Record No. 1246-97-4 	JUDGE JERE M. H. WILLIS, JR.
JULY 7, 1998
CHARLES J. PLISCO, JR.
FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY
Thomas R. McNamara, Judge Designate
Lloyd F. Sammons (Sammons & Smith, on brief),
for appellant.
Daniel G. Dannenbaum (The Lewis Law Firm, on
brief), for appellee.
Patricia S. Brodersen appeals the denial of her motion to
"enforce" a foreign decree in proceedings initiated by Charles J.
Plisco, Jr., seeking modification of custody. 	We affirm the
judgment of the trial court.
I.
BACKGROUND
On September 20, 1994, an Iowa court granted Ms. Brodersen
and Mr. Plisco a divorce (Iowa Decree). 	The Iowa Decree awarded
the parties joint legal custody of their two minor children, and
granted primary physical care to Ms. Brodersen. 	The Iowa Decree
incorporated a stipulation permitting Ms. Brodersen "to relocate
her and the children's primary residence."
In 1995, the parties moved separately to Virginia. 	On
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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July 9, 1996, Mr. Plisco petitioned the juvenile and domestic
relations court to modify custody based upon Ms. Brodersen's
remarriage and her impending move to New Mexico. 	The parties
registered the Iowa Decree in Prince William County and the City
of Alexandria.
On January 6, 1997, apparently to forestall hearing on the
custody petition, Ms. Brodersen moved the juvenile and domestic
relations court to "enforce" the Iowa Decree. 	The juvenile and
domestic relations court denied her motion, and Ms. Brodersen
appealed that decision to the trial court.1 By order entered
May 30, 1997, the trial court denied the appeal and remanded the
matter to the juvenile and domestic relations court.
II.
APPELLATE JURISDICTION
Contrary to Ms. Brodersen's assertions, the trial court did
not deny "full faith and credit" to the Iowa Decree. 	It did not
hold that the Iowa Decree was invalid or without application.
Rather, the trial court declined to "enforce" the decree, blindly
and prospectively, in bar of a proper custody review.
The judgment of the trial court is affirmed, and this case
is remanded to it with direction to remand the petition for
custody to the juvenile and domestic relations court with
1
Mr. Plisco filed a motion to dismiss Ms. Brodersen's
appeal, contending that the juvenile and domestic relations court
had not entered a final, appealable order. 	See Code § 16.1-296.
The circuit court denied his motion and that decision is not
before us on appeal.

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direction to determine the merits of that petition, affording
full faith and credit to the Iowa Decree.
Affirmed and remanded.