                                 CODE OF VIRGINIA

VENUE (§ 16.1-243)

A. Original venue:

   1. Cases involving children, other than support or where protective order
   issued: Proceedings with respect to children under this law, except support
   proceedings as provided in subdivision 2 or family abuse proceedings as
   provided in subdivision 3, shall:
   				a. Delinquency: If delinquency is alleged, be commenced in the city or
   county where the acts constituting the alleged delinquency occurred or they
   may, with the written consent of the child and the attorney for the
   Commonwealth for both jurisdictions, be commenced in the city or county where
   the child resides;
   				b. Custody or visitation: In cases involving custody or visitation, be
   commenced in the court of the city or county which, in order of priority, (i)
   is the home of the child at the time of the filing of the petition, or had
   been the home of the child within six months before the filing of the petition
   and the child is absent from the city or county because of his removal or
   retention by a person claiming his custody or for other reasons, and a parent
   or person acting as a parent continues to live in the city or county; (ii) has
   significant connection with the child and in which there is substantial
   evidence concerning the child&#8217;s present or future care, protection,
   training and personal relationships; (iii) is where the child is physically
   present and the child has been abandoned or it is necessary in an emergency to
   protect the child because he has been subjected to or threatened with
   mistreatment or abuse or is otherwise neglected or dependent; or (iv) it is in
   the best interest of the child for the court to assume jurisdiction as no
   other city or county is an appropriate venue under the preceding provisions of
   this subdivision;
   				c. Adoption: In parental placement adoption consent hearings pursuant to
   &#xA7;&#xA7; 16.1-241, 63.2-1233, and 63.2-1237, be commenced in any city or
   county, provided, however, that diligent efforts shall first be made to
   commence such hearings (i) in the city or county where the child to be adopted
   was born, (ii) in the city or county where the birth parent(s) reside, or
   (iii) in the city or county where the prospective adoptive parent(s) reside.
   In cases in which a hearing is commenced in a city or county other than one
   described in clause (i), (ii), or (iii), the petitioner shall certify in
   writing to the court that diligent efforts to commence a hearing in such city
   or county have been made but have proven ineffective;
   				d. Abuse and neglect: In cases involving an allegedly abused or neglected
   child, be commenced (i) in the city or county where the child resides, (ii) in
   the city or county where the child is present when the proceedings are
   commenced, or (iii) in the city or county where the alleged abuse or neglect
   occurred; and
   				e. All other cases: In all other proceedings, be commenced in the city or
   county where the child resides or in the city or county where the child is
   present when the proceedings are commenced.

   2. Support: Proceedings that involve child or spousal support or child and
   spousal support, exclusive of proceedings arising under Chapter 5 (&#xA7;
   20-61 et seq.) of Title 20, shall be commenced in the city or county where
   either party resides or in the city or county where the respondent is present
   when the proceeding commences.

   3. Family abuse: Proceedings in which an order of protection is sought as a
   result of family abuse shall be commenced where (i) either party has his or
   her principal residence (ii) the abuse occurred or (iii) a protective order
   was issued if at the time the proceeding is commenced the order is in effect
   to protect the petitioner or a family or household member of the petitioner.

B. Transfer of venue:

   1. Generally: Except in custody, visitation and support cases, if the child
   resides in a city or county of the Commonwealth and the proceeding is
   commenced in a court of another city or county, that court may at any time, on
   its own motion or a motion of a party for good cause shown, transfer the
   proceeding to the city or county of the child&#8217;s residence for such
   further action or proceedings as the court receiving the transfer may deem
   proper. However, such transfer may occur in delinquency proceedings only after
   adjudication, which shall include, for the purposes of this section, a finding
   of facts sufficient to justify a finding of delinquency.

   2. Custody and visitation: In custody and visitation cases, if venue lies in
   one of several cities or counties, the court in which the motion for transfer
   is made shall determine which such city or county is the most appropriate
   venue unless the parties mutually agree to the selection of venue. In the
   consideration of the motion, the best interests of the child shall determine
   the most appropriate forum.

   3. Support: In support proceedings, exclusive of proceedings arising under
   Chapter 5 (&#xA7; 20-61 et seq.) of Title 20, if the respondent resides in a
   city or county in the Commonwealth and the proceeding is commenced in a court
   of another city or county, that court may, at any time on its own motion or a
   motion of a party for good cause shown or by agreement of the parties,
   transfer the proceeding to the city or county of the respondent&#8217;s
   residence for such further action or proceedings as the court receiving the
   transfer may deem proper. For the purposes of determining venue of cases
   involving support, the respondent&#8217;s residence shall include any city or
   county in which the respondent has resided within the last six months prior to
   the commencement of the proceeding or in which the respondent is residing at
   the time that the motion for transfer of venue is made. If venue is
   transferable to one of several cities or counties, the court in which the
   motion for transfer is made shall determine which such city or county is the
   most appropriate venue unless the parties mutually agree to the selection of
   such venue.
   				When the support proceeding is a companion case to a child custody or
   visitation proceeding, the provisions governing venue in the proceeding
   involving the child&#8217;s custody or visitation shall govern.

   4. Subsequent transfers: Any court receiving a transferred proceeding as
   provided in this section may in its discretion transfer such proceeding to a
   court in an appropriate venue for good cause shown based either upon changes
   in circumstances or mistakes of fact or upon agreement of the parties. In any
   transfer of venue in cases involving children, the best interests of the child
   shall be considered in deciding if and to which court a transfer of venue
   would be appropriate.

   5. Enforcement of orders for support, maintenance and custody: Any juvenile
   and domestic relations district court to which a suit is transferred for
   enforcement of orders pertaining to support, maintenance, care or custody
   pursuant to &#xA7; 20-79 (c) may transfer the case as provided in this
   section.

C. Records: Originals of all legal and social records pertaining to the case
shall accompany the transfer of venue. Records imaged from the original
documents shall be considered original documents for purposes of the transfer of
venue. The transferor court may, in its discretion, retain copies as it deems
appropriate.

HISTORY: Code 1950, § 16.1-160; 1956, c. 555; 1977, c. 559; 1985, c. 367; 1987,
cc. 598, 608, 620; 1989, c. 545; 1995, cc. 772, 826; 1996, c. 866; 2000, c. 830;
2010, cc. 717, 760; 2012, c. 424; 2018, c. 17; 2019, cc. 126, 235.