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COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Frank and Humphreys Argued at Richmond, Virginia MARY CRAWLEY v. Record No. 2488-03-2 OPINION BY JUDGE ROBERT J. HUMPHREYS JUNE 8, 2004

HAROLD FORD FROM THE CIRCUIT COURT OF THE CIY OF RICHMOND Melvin R. Hughes, Judge Reginald M. Barley for appellant. No brief or argument for appellee. No brief or argument from the guardian ad litem for the minor child. Mary Crawley appeals a decision of the circuit court, awarding Harold Ford and his wife, Sonia Ford, legal and primary custody of Ford's minor child. The circuit court entered its award based upon an alleged "agreement" between Crawley, the minor child's maternal grandmother, and Ford. Crawley contends that the court erred in finding that she and Ford "reach[ed] [such] an agreement." In the alternative, Crawley contends that the court erred in honoring the agreement, because it purportedly "violated the public policy regarding [the child's mother's] right to seek custody and visitation of her child." Finally, Crawley argues that the court erred in awarding custody of the child to Ford because the court failed to find that a material change in circumstances had occurred since the previous custody order. Because we find that Crawley failed to provide an adequate record to enable us to consider her arguments on appeal, we affirm the judgment of the circuit court.

I. Background On July 24, 1995, Crawley, Harold Ford and Tenielle A. Smith reached an agreement, after participating in court-ordered mediation, pertaining to the custody of Ford and Smith's infant child. Specifically, the parties agreed that Smith and her mother (Crawley) would "have joint physical and joint legal custody" of the infant child, while Ford would retain the right to exercise "reasonable visitation" with the child. In 1999, upon Crawley's own motion to amend custody, the juvenile and domestic relations (J&DR) district court granted Crawley full custody of the minor child. On February 8, 2002, Ford filed a motion with the J&DR court, requesting that custody of the child be "changed, amended and/or modified" to joint legal custody in Ford and Smith. Ford requested that a summons for the hearing on his motion be served upon both Crawley and Smith. After a hearing on the motion, the J&DR court ruled "custody is awarded to father and stepmother, Harold and Sonia Ford; reasonable visitation to maternal grandmother, Mary Crawley, as agreed to by parties." Crawley subsequently filed a civil appeal notice, requesting a trial de novo in circuit court. The circuit court took evidence on the matter on November 7, 2002. The record contains no transcript of the proceeding, but does contain a written statement of facts in lieu thereof. The written statement of facts provides as follows, in pertinent part: 3. [Crawley] stated that [the child], age 7, had been residing with her since she was brought home from the hospital in March, 1995. Crawley testified that [the child] has been doing well in school. Crawley presented the court with [the child's] report cards, awards and various certificates of achievement, including perfect attendance and "spelling bees," from George Mason Elementary School. Crawley testified that [the child] was in Girl Scouts. Crawley stated that [the child] was in good health. Crawley testified that [the child] was doing well, happy with her and that it was in the child's best interest that [the child] remain with her. Crawley stated that her health was good. -2-

4. [Ford] stated that he was a police officer with the Richmond Department of Police. Ford stated that he was married to Sonia Ford. [Ford] stated that he and his wife were foster parents for four (4) other children. [Ford] stated he thought that it was in [the child's] interest that he and his wife have custody of his child. [Ford] stated that he did not want [the child] to have visitation with [Crawley]. [Ford] stated that he disapproved of many of the activities that [Crawley] . . . was teaching the child. Specifically, [Ford] stated that he disapproved of his child learning to fish, make cookies, sew, going to the mountains and skateland. [Ford] presented to the Court an undated report, from the Broad Rock Counseling & Training Associated [sic]. 5. The court continued the trial in order to obtain a report from the guardian ad litem of [the child].1 The record next reflects that Crawley filed a motion with the circuit court, requesting that it reinstate the custody order of July 24, 1995. During the August 14, 2003 hearing on that motion, for which a transcript was prepared and included in the record on appeal, counsel for Crawley and Ford explained that the trial de novo had been reconvened on June 16, 2003, for purposes of hearing from the child's guardian ad litem. During the June 16 proceeding, Crawley's former counsel and Ford's counsel informed the court that they had reached a "verbal resolution of [the] matter." According to Ford's counsel, Crawley's former counsel advised the court that it was Crawley's "desire to withdraw her appeal" and that an agreement had been reached "that involved visitation for [Crawley]." Ford's counsel further proffered that the court then "questioned [Crawley] specifically and asked [Crawley] if that, in fact, was what she desired to do and [Crawley] responded in the affirmative." After the child's guardian ad litem indicated to the court that he agreed with the arrangement made between Crawley and Ford, the

We note that Crawley's current counsel prepared and filed the written statement of facts, attesting to the testimony presented during the November 7, 2002 hearing. Nevertheless, during the August 14, 2003 proceeding from which this appeal was taken, Crawley's counsel acknowledged that he was not present during that proceeding, that no "record" was prepared for that proceeding, and that he did "not know what [the evidence] was." -3-

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court "said[, `][F]ine, you all prepare the Order and submit it to me.[']"2 However, according to Ford's counsel, Crawley's former counsel contacted him a few days later and informed him that she was withdrawing as Crawley's counsel because "Crawley no longer wanted to enter into the arrangement that [the parties] agreed upon" "in court." Crawley's new counsel argued the "representations that were made by [Crawley's] former counsel were not things that she had consented to or agreed to. That she went beyond the scope of what she had authorized her to do." Crawley's counsel thus contended that there was no "meeting of the minds" and the parties were "at square one." The circuit court responded as follows: Well, the problem that I have is that the Court did take evidence in this case. I heard evidence. I heard testimony from [Crawley], [Ford] and perhaps [Ford's] wife. And the case was continued in order to provide an opportunity for input from the guardian who was not present at that hearing. When that hearing came forward or when that case was brought up again, for the purpose of getting [the guardian ad litem's] input, the parties indicated that they had resolved their differences. That resolution was

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