                                 CODE OF VIRGINIA

EXPEDITED ENFORCEMENT OF CHILD CUSTODY; DETERMINATION (§ 20-146.29)

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 be
attached to the petition. A copy of a certified copy of an order may be attached
instead of the original.

B. A petition for enforcement of a child custody determination must state:

   1. Whether the court that issued the determination identified the
   jurisdictional basis it relied upon in exercising jurisdiction and, if so,
   what the basis was;

   2. Whether the determination for which enforcement is sought has been vacated,
   stayed, or modified by a court whose decision must be enforced under this act
   and, if so, identify the court, the case number, and the nature of the
   proceeding;

   3. Whether any proceeding has been commenced that could affect the current
   proceeding, including proceedings relating to domestic violence, protective
   orders, termination of parental rights, and adoptions and, if so, identify the
   court, the case number, and the nature of the proceeding;

   4. The present physical address of the child and the respondent, if known;

   5. Whether relief in addition to the immediate physical custody of the child
   and attorneys&#8217; fees is sought, including a request for assistance from
   law-enforcement officials and, if so, the relief sought; and

   6. If the child custody determination has been registered under &#xA7;
   20-146.26, the date and place of registration.

C. Upon the filing of a petition, the court shall issue an order directing the
respondent to appear in person with or without the child at a hearing and may
enter any order necessary to ensure the safety of the parties and the child. The
hearing must be held on the next judicial day after service of the order unless
that date is impossible. In that event, the court shall hold the hearing on the
first judicial day possible. The court may extend the date of hearing at the
request of the petitioner.

D. An order issued under subsection C must state the time and place of the
hearing and advise the respondent that at the hearing the court will order that
the petitioner may take immediate physical custody of the child and the payment
of fees, costs, and expenses under § 20-146.33, and may schedule a hearing to
determine whether further relief is appropriate, unless the respondent appears
and establishes that:

   1. The child custody determination has not been registered under &#xA7;
   20-146.26, and that:
   				a. The issuing court did not have jurisdiction under Article 2 (&#xA7;
   20-146.12 et seq.) of this chapter;
   				b. The child custody determination for which enforcement is sought has
   been vacated, stayed, or modified by a court having jurisdiction to do so
   under Article 2 (&#xA7; 20-146.12 et seq.) of this chapter;
   				c. The respondent was entitled to notice, but notice was not given in
   accordance with the standards of &#xA7; 20-146.7, in the proceedings before
   the court that issued the order for which enforcement is sought; or

   2. The child custody determination for which enforcement is sought was
   registered under &#xA7; 20-146.26, but has been vacated, stayed, or modified
   by a court of a state having jurisdiction to do so under Article 2 (&#xA7;
   20-146.12 et seq.) of this chapter.

HISTORY: 2001, c. 305.