{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.31.html"}],"law_id":73118,"edition_id":1,"section_id":73118,"structure_id":13406,"section_number":"20-146.31","catch_line":"Hearing and order","history":"2001, c. 305; 2020, c. 900.","full_text":"A\n\nUnless the court issues a temporary emergency order pursuant to \u00a7 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:1\n\nThe child custody determination has not been registered under § 20-146.26 and that:\n\t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);\n\t\t\t\tb. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or\n\t\t\t\tc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or2\n\nThe child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).B\n\nThe court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.C\n\nIf a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.D\n\nA privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.","order_by":null,"text":{"0":{"id":263276,"text":"Unless the court issues a temporary emergency order pursuant to \u00a7 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":263277,"text":"The child custody determination has not been registered under § 20-146.26 and that:\n\t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);\n\t\t\t\tb. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or\n\t\t\t\tc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":263278,"text":"The child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":263279,"text":"The court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":263280,"text":"If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":263281,"text":"A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13406,"edition_id":1,"name":"Enforcement","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":179313,"object_type":"structure","relational_id":13406,"identifier":"3","token":"20\/7.1\/3","url":"\/20\/7.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13273,"edition_id":1,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179223,"object_type":"structure","relational_id":13273,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63086,"structure_id":13406,"section_number":"20-146.22","catch_line":"Definitions","url":"\/20-146.22\/","token":"20\/7.1\/3\/20-146.22","metadata":false},{"id":59321,"structure_id":13406,"section_number":"20-146.23","catch_line":"Enforcement under Hague Convention","url":"\/20-146.23\/","token":"20\/7.1\/3\/20-146.23","metadata":false},{"id":60597,"structure_id":13406,"section_number":"20-146.24","catch_line":"Duty to enforce","url":"\/20-146.24\/","token":"20\/7.1\/3\/20-146.24","metadata":false},{"id":69527,"structure_id":13406,"section_number":"20-146.25","catch_line":"Temporary visitation","url":"\/20-146.25\/","token":"20\/7.1\/3\/20-146.25","metadata":false},{"id":56762,"structure_id":13406,"section_number":"20-146.26","catch_line":"Registration of child custody determination","url":"\/20-146.26\/","token":"20\/7.1\/3\/20-146.26","metadata":false},{"id":66332,"structure_id":13406,"section_number":"20-146.27","catch_line":"Enforcement of registered determination","url":"\/20-146.27\/","token":"20\/7.1\/3\/20-146.27","metadata":false},{"id":85878,"structure_id":13406,"section_number":"20-146.28","catch_line":"Simultaneous proceedings","url":"\/20-146.28\/","token":"20\/7.1\/3\/20-146.28","metadata":false},{"id":86219,"structure_id":13406,"section_number":"20-146.29","catch_line":"Expedited enforcement of child custody; determination","url":"\/20-146.29\/","token":"20\/7.1\/3\/20-146.29","metadata":false},{"id":69576,"structure_id":13406,"section_number":"20-146.30","catch_line":"Service of petition and order","url":"\/20-146.30\/","token":"20\/7.1\/3\/20-146.30","metadata":false},{"id":73118,"structure_id":13406,"section_number":"20-146.31","catch_line":"Hearing and order","url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","metadata":false},{"id":77444,"structure_id":13406,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","metadata":false},{"id":59809,"structure_id":13406,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","url":"\/20-146.33\/","token":"20\/7.1\/3\/20-146.33","metadata":false},{"id":54375,"structure_id":13406,"section_number":"20-146.34","catch_line":"Recognition and enforcement","url":"\/20-146.34\/","token":"20\/7.1\/3\/20-146.34","metadata":false},{"id":67591,"structure_id":13406,"section_number":"20-146.35","catch_line":"Appeals","url":"\/20-146.35\/","token":"20\/7.1\/3\/20-146.35","metadata":false}],"previous_section":{"id":69576,"structure_id":13406,"section_number":"20-146.30","catch_line":"Service of petition and order","url":"\/20-146.30\/","token":"20\/7.1\/3\/20-146.30","metadata":false},"next_section":{"id":77444,"structure_id":13406,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.31\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 305<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapter 900<\/a>.<\/p>","references":false,"refers_to":[{"id":56827,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","order_by":null,"url":"\/20-146.12\/"},{"id":55943,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","order_by":null,"url":"\/20-146.15\/"},{"id":56762,"section_number":"20-146.26","catch_line":"Registration of child custody determination","order_by":null,"url":"\/20-146.26\/"},{"id":59809,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","order_by":null,"url":"\/20-146.33\/"},{"id":56615,"section_number":"20-146.7","catch_line":"Notice to persons outside state","order_by":null,"url":"\/20-146.7\/"}],"permalink":{"id":179351,"object_type":"law","relational_id":73118,"identifier":"20-146.31","token":"20\/7.1\/3\/20-146.31","url":"\/20-146.31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","dublin_core":{"Title":"Hearing and order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Unless the court<\/span> issues<\/span> a temporary emergency order<\/span> pursuant to \u00a7 20-146.15<\/a>, upon a finding<\/span> that a petitioner<\/span> is entitled to immediate physical custody<\/span> of the child, the court<\/span> shall order<\/span> that the petitioner<\/span> may take immediate physical custody<\/span> of the child unless the respondent<\/span> establishes that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child custody<\/span> determination has not been registered under § 20-146.26<\/a> and that:\n\t\t\t\ta. The issuing court<\/span> did not have jurisdiction<\/span> under Article 2 (§ 20-146.12<\/a> et seq.);\n\t\t\t\tb. The child custody<\/span> determination for which enforcement is sought has been vacated, stayed, or modified by a court<\/span> of a state having jurisdiction<\/span> to do so under Article 2 (§ 20-146.12<\/a> et seq.); or\n\t\t\t\tc. The respondent<\/span> was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7<\/a>, in the proceedings before the court<\/span> that issued the order<\/span> for which enforcement is sought; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child custody<\/span> determination for which enforcement is sought was registered under § 20-146.26<\/a>, but has been vacated, stayed, or modified by a court<\/span> of a state having jurisdiction<\/span> to do so under Article 2 (§ 20-146.12<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall award the fees, costs, and expenses authorized under § 20-146.33<\/a> and may grant additional relief, including a request for the assistance of law<\/span>-enforcement officials, and set a further hearing<\/span> to determine whether additional relief is appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a party<\/span> called to testify refuses to answer on the ground that the testimony<\/span> may be self-incriminating, the court<\/span> may draw an adverse inference from the refusal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A privilege<\/span> against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING AND ORDER (\u00a7 20-146.31)\n\nA. Unless the court issues a temporary emergency order pursuant to \u00a7 20-146.15,\nupon a finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take immediate physical\ncustody of the child unless the respondent establishes that:\n\n 1. The child custody determination has not been registered under §\n 20-146.26 and that:\n \t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§\n 20-146.12 et seq.);\n \t\t\t\tb. The child custody determination for which enforcement is sought has\n been vacated, stayed, or modified by a court of a state having jurisdiction to\n do so under Article 2 (§ 20-146.12 et seq.); or\n \t\t\t\tc. The respondent was entitled to notice, but notice was not given in\n accordance with the standards of § 20-146.7, in the proceedings before\n the court that issued the order for which enforcement is sought; or\n\n 2. The child custody determination for which enforcement is sought was\n registered under § 20-146.26, but has been vacated, stayed, or modified\n by a court of a state having jurisdiction to do so under Article 2 (§\n 20-146.12 et seq.).\n\nB. The court shall award the fees, costs, and expenses authorized under §\n20-146.33 and may grant additional relief, including a request for the\nassistance of law-enforcement officials, and set a further hearing to determine\nwhether additional relief is appropriate.\n\nC. If a party called to testify refuses to answer on the ground that the\ntestimony may be self-incriminating, the court may draw an adverse inference\nfrom the refusal.\n\nD. A privilege against disclosure of communications between spouses and a\ndefense of immunity based on the relationship between spouses or between parent\nand child may not be invoked in a proceeding under this article.\n\nHISTORY: 2001, c. 305; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}