Code of Virginia - Title 20 Domestic Relations - Chapter 7.1 Uniform Child Custody Jurisdiction And Enforcement Act
- 20-146.1 Definitions
In this act: "Child" means an individual who has not attained eighteen years of age. "Child custody determination" means a judgment, decree, or other order ...
- 20-146.2 Proceedings governed by other law
This act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (2001, c. 305.) ...
- 20-146.3 Application to Indian tribes
A. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., ...
- 20-146.4 International application
A. A court of this Commonwealth shall treat a foreign country as if it were a state of the United States for purposes of applying ...
- 20-146.5 Effect of child custody determination
A child custody determination made by a court of this Commonwealth that had jurisdiction under this act binds all persons who have been served in ...
- 20-146.6 Priority
If a question of existence or exercise of jurisdiction under this act is raised in a child custody proceeding, the question, upon request of a ...
- 20-146.7 Notice to persons outside state
A. Notice required for the exercise of jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by the law ...
- 20-146.8 Appearance and limited immunity
A. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a ...
- 20-146.9 Communication between courts
A. Before finding and exercising jurisdiction, a court of this Commonwealth shall communicate with the court appearing to have jurisdiction in any other state concerning ...
- 20-146.10 Taking testimony in another state
A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located ...
- 20-146.11 Cooperation between courts; preservation of records
A. A court of this Commonwealth may request the appropriate court of another state to: 1. Hold an evidentiary hearing; 2. Order a person to ...
- 20-146.12 Initial child custody jurisdiction
A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if: 1. ...
- 20-146.13 Exclusive, continuing jurisdiction
A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth that has made a child custody determination consistent with § 20-146.12 or ...
- 20-146.14 Jurisdiction to modify determination
Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another ...
- 20-146.15 Temporary emergency jurisdiction
A. A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or ...
- 20-146.16 Notice; opportunity to be heard; joinder
A. Before a child's custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of § ...
- 20-146.17 Simultaneous proceedings
A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time ...
- 20-146.18 Inconvenient forum
A. A court of this Commonwealth that has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at ...
- 20-146.19 Jurisdiction declined by reason of conduct
A. Except as otherwise provided in § 20-146.15 or by other law of this Commonwealth, if a court of this Commonwealth has jurisdiction under this ...
- 20-146.20 Information to be submitted to court
A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath ...
- 20-146.21 Appearance of parties and child
A. In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to appear ...
- 20-146.22 Definitions
In this article: "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil ...
- 20-146.23 Enforcement under Hague Convention
Under this article a court of this Commonwealth may enforce an order for the return of the child made under the Hague Convention on the ...
- 20-146.24 Duty to enforce
A. A court of this Commonwealth shall recognize and enforce a child custody determination of a court of another state if the latter court exercised ...
- 20-146.25 Temporary visitation
A. A court of this Commonwealth that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: 1. A ...
- 20-146.26 Registration of child custody determination
A. A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request for ...
- 20-146.27 Enforcement of registered determination
A. A court of this Commonwealth may grant any relief normally available under the law of this Commonwealth to enforce a registered child custody determination ...
- 20-146.28 Simultaneous proceedings
If a proceeding for enforcement under this article is commenced in a court of this Commonwealth and the court determines that a proceeding to modify ...
- 20-146.29 Expedited enforcement of child custody; determination
A. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must ...
- 20-146.30 Service of petition and order
Except as otherwise provided in § 20-146.32, the petition and order shall be served, by any method authorized by the law of this Commonwealth, upon ...
- 20-146.31 Hearing and order
A. Unless the court issues a temporary emergency order pursuant to § 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody ...
- 20-146.32 Ex parte order to take physical custody of child
A. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may request in the petition that the court issue ...
- 20-146.33 Costs, fees, and expenses
A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, ...
- 20-146.34 Recognition and enforcement
A court of this Commonwealth shall accord full faith and credit to an order issued by another state and consistent with this act that enforces ...
- 20-146.35 Appeals
An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. ...
- 20-146.36 Application and construction
In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter ...
- 20-146.37 Transitional provision
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before July ...
- 20-146.38 Construction of provisions; purposes of act
A. The general purposes of this act are to: 1. Avoid jurisdictional competition and conflict with courts of other states in matters of child custody ...
Last modified: April 3, 2009