1. Cases involving children, other than support or where protective orderissued: Proceedings with respect to children under this law, except supportproceedings as provided in subdivision 2 of this subsection or family abuseproceedings as provided in subdivision 3 of this subsection, shall:
a. Delinquency: If delinquency is alleged, be commenced in the city or countywhere the acts constituting the alleged delinquency occurred or they may,with the written consent of the child and the attorney for the Commonwealthfor both jurisdictions, be commenced in the city or county where the childresides;
b. Custody or visitation: In cases involving custody or visitation, becommenced 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 hadbeen the home of the child within six months before the filing of thepetition and the child is absent from the city or county because of hisremoval 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 orcounty, (ii) has significant connection with the child and in which there issubstantial evidence concerning the child's present or future care,protection, training and personal relationships, (iii) is where the child isphysically present and the child has been abandoned or it is necessary in anemergency to protect the child because he has been subjected to or threatenedwith mistreatment or abuse or is otherwise neglected or dependent or (iv) itis in the best interest of the child for the court to assume jurisdiction asno other city or county is an appropriate venue under the precedingprovisions of this subdivision;
c. Adoption: In parental placement adoption consent hearings pursuant to §§16.1-241, 63.2-1233 and 63.2-1237, be commenced (i) in the city or countywhere the child to be adopted was born, (ii) in the city or county where thebirth parent(s) reside, or (iii) in the city or county where the prospectiveadoptive parent(s) reside; and
d. All other cases: In all other proceedings, be commenced in the city orcounty where the child resides or in the city or county where the child ispresent when the proceedings are commenced.
2. Support: Proceedings that involve child or spousal support or child andspousal support, exclusive of proceedings arising under Chapter 5 (§ 20-61 etseq.) of Title 20, shall be commenced in the city or county where eitherparty resides or in the city or county where the respondent is present whenthe proceeding commences.
3. Family abuse: Proceedings in which an order of protection is sought as aresult of family abuse shall be commenced where (i) either party has his orher principal residence (ii) the abuse occurred or (iii) a protective orderwas issued if at the time the proceeding is commenced the order is in effectto 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 childresides in a city or county of the Commonwealth and the proceeding iscommenced 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 theproceeding to the city or county of the child's residence for such furtheraction or proceedings as the court receiving the transfer may deem proper.However, such transfer may occur only after adjudication in delinquencyproceedings.
2. Custody and visitation: In custody and visitation cases, if venue lies inone of several cities or counties, the court in which the motion for transferis made shall determine which such city or county is the most appropriatevenue unless the parties mutually agree to the selection of venue. In theconsideration of the motion, the best interests of the child shall determinethe most appropriate forum.
3. Support: In support proceedings, exclusive of proceedings arising underChapter 5 of Title 20, if the respondent resides in a city or county in theCommonwealth and the proceeding is commenced in a court of another city orcounty, that court may, at any time on its own motion or a motion of a partyfor good cause shown or by agreement of the parties, transfer the proceedingto the city or county of the respondent's residence for such further actionor proceedings as the court receiving the transfer may deem proper. For thepurposes of determining venue of cases involving support, the respondent'sresidence shall include any city or county in which the respondent hasresided within the last six months prior to the commencement of theproceeding or in which the respondent is residing at the time that the motionfor transfer of venue is made. If venue is transferable to one of severalcities or counties, the court in which the motion for transfer is made shalldetermine which such city or county is the most appropriate venue unless theparties mutually agree to the selection of such venue.
When the support proceeding is a companion case to a child custody orvisitation proceeding, the provisions governing venue in the proceedinginvolving the child's custody or visitation shall govern.
4. Subsequent transfers: Any court receiving a transferred proceeding asprovided in this section may in its discretion transfer such proceeding to acourt in an appropriate venue for good cause shown based either upon changesin circumstances or mistakes of fact or upon agreement of the parties. In anytransfer of venue in cases involving children, the best interests of thechild shall be considered in deciding if and to which court a transfer ofvenue would be appropriate.
5. Enforcement of orders for support, maintenance and custody: Any juvenileand domestic relations district court to which a suit is transferred forenforcement of orders pertaining to support, maintenance, care or custodypursuant to § 20-79 (c) may transfer the case as provided in this section.
C. Records: Originals of all legal and social records pertaining to the caseshall accompany the transfer of venue. Records imaged from the originaldocuments shall be considered original documents for purposes of the transferof venue. The transferor court may, in its discretion, retain copies as itdeems appropriate.
(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.)
1. Cases involving children, other than support or where protective orderissued: Proceedings with respect to children under this law, except supportproceedings as provided in subdivision 2 of this subsection or family abuseproceedings as provided in subdivision 3 of this subsection, shall:
a. Delinquency: If delinquency is alleged, be commenced in the city or countywhere the acts constituting the alleged delinquency occurred or they may,with the written consent of the child and the attorney for the Commonwealthfor both jurisdictions, be commenced in the city or county where the childresides;
b. Custody or visitation: In cases involving custody or visitation, becommenced 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 hadbeen the home of the child within six months before the filing of thepetition and the child is absent from the city or county because of hisremoval 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 orcounty, (ii) has significant connection with the child and in which there issubstantial evidence concerning the child's present or future care,protection, training and personal relationships, (iii) is where the child isphysically present and the child has been abandoned or it is necessary in anemergency to protect the child because he has been subjected to or threatenedwith mistreatment or abuse or is otherwise neglected or dependent or (iv) itis in the best interest of the child for the court to assume jurisdiction asno other city or county is an appropriate venue under the precedingprovisions of this subdivision;
c. Adoption: In parental placement adoption consent hearings pursuant to §§16.1-241, 63.2-1233 and 63.2-1237, be commenced (i) in the city or countywhere the child to be adopted was born, (ii) in the city or county where thebirth parent(s) reside, or (iii) in the city or county where the prospectiveadoptive parent(s) reside; and
d. All other cases: In all other proceedings, be commenced in the city orcounty where the child resides or in the city or county where the child ispresent when the proceedings are commenced.
2. Support: Proceedings that involve child or spousal support or child andspousal support, exclusive of proceedings arising under Chapter 5 (§ 20-61 etseq.) of Title 20, shall be commenced in the city or county where eitherparty resides or in the city or county where the respondent is present whenthe proceeding commences.
3. Family abuse: Proceedings in which an order of protection is sought as aresult of family abuse shall be commenced where (i) either party has his orher principal residence (ii) the abuse occurred or (iii) a protective orderwas issued if at the time the proceeding is commenced the order is in effectto 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 childresides in a city or county of the Commonwealth and the proceeding iscommenced 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 theproceeding to the city or county of the child's residence for such furtheraction or proceedings as the court receiving the transfer may deem proper.However, such transfer may occur only after adjudication in delinquencyproceedings.
2. Custody and visitation: In custody and visitation cases, if venue lies inone of several cities or counties, the court in which the motion for transferis made shall determine which such city or county is the most appropriatevenue unless the parties mutually agree to the selection of venue. In theconsideration of the motion, the best interests of the child shall determinethe most appropriate forum.
3. Support: In support proceedings, exclusive of proceedings arising underChapter 5 of Title 20, if the respondent resides in a city or county in theCommonwealth and the proceeding is commenced in a court of another city orcounty, that court may, at any time on its own motion or a motion of a partyfor good cause shown or by agreement of the parties, transfer the proceedingto the city or county of the respondent's residence for such further actionor proceedings as the court receiving the transfer may deem proper. For thepurposes of determining venue of cases involving support, the respondent'sresidence shall include any city or county in which the respondent hasresided within the last six months prior to the commencement of theproceeding or in which the respondent is residing at the time that the motionfor transfer of venue is made. If venue is transferable to one of severalcities or counties, the court in which the motion for transfer is made shalldetermine which such city or county is the most appropriate venue unless theparties mutually agree to the selection of such venue.
When the support proceeding is a companion case to a child custody orvisitation proceeding, the provisions governing venue in the proceedinginvolving the child's custody or visitation shall govern.
4. Subsequent transfers: Any court receiving a transferred proceeding asprovided in this section may in its discretion transfer such proceeding to acourt in an appropriate venue for good cause shown based either upon changesin circumstances or mistakes of fact or upon agreement of the parties. In anytransfer of venue in cases involving children, the best interests of thechild shall be considered in deciding if and to which court a transfer ofvenue would be appropriate.
5. Enforcement of orders for support, maintenance and custody: Any juvenileand domestic relations district court to which a suit is transferred forenforcement of orders pertaining to support, maintenance, care or custodypursuant to § 20-79 (c) may transfer the case as provided in this section.
C. Records: Originals of all legal and social records pertaining to the caseshall accompany the transfer of venue. Records imaged from the originaldocuments shall be considered original documents for purposes of the transferof venue. The transferor court may, in its discretion, retain copies as itdeems appropriate.
(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.)
1. Cases involving children, other than support or where protective orderissued: Proceedings with respect to children under this law, except supportproceedings as provided in subdivision 2 of this subsection or family abuseproceedings as provided in subdivision 3 of this subsection, shall:
a. Delinquency: If delinquency is alleged, be commenced in the city or countywhere the acts constituting the alleged delinquency occurred or they may,with the written consent of the child and the attorney for the Commonwealthfor both jurisdictions, be commenced in the city or county where the childresides;
b. Custody or visitation: In cases involving custody or visitation, becommenced 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 hadbeen the home of the child within six months before the filing of thepetition and the child is absent from the city or county because of hisremoval 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 orcounty, (ii) has significant connection with the child and in which there issubstantial evidence concerning the child's present or future care,protection, training and personal relationships, (iii) is where the child isphysically present and the child has been abandoned or it is necessary in anemergency to protect the child because he has been subjected to or threatenedwith mistreatment or abuse or is otherwise neglected or dependent or (iv) itis in the best interest of the child for the court to assume jurisdiction asno other city or county is an appropriate venue under the precedingprovisions of this subdivision;
c. Adoption: In parental placement adoption consent hearings pursuant to §§16.1-241, 63.2-1233 and 63.2-1237, be commenced (i) in the city or countywhere the child to be adopted was born, (ii) in the city or county where thebirth parent(s) reside, or (iii) in the city or county where the prospectiveadoptive parent(s) reside; and
d. All other cases: In all other proceedings, be commenced in the city orcounty where the child resides or in the city or county where the child ispresent when the proceedings are commenced.
2. Support: Proceedings that involve child or spousal support or child andspousal support, exclusive of proceedings arising under Chapter 5 (§ 20-61 etseq.) of Title 20, shall be commenced in the city or county where eitherparty resides or in the city or county where the respondent is present whenthe proceeding commences.
3. Family abuse: Proceedings in which an order of protection is sought as aresult of family abuse shall be commenced where (i) either party has his orher principal residence (ii) the abuse occurred or (iii) a protective orderwas issued if at the time the proceeding is commenced the order is in effectto 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 childresides in a city or county of the Commonwealth and the proceeding iscommenced 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 theproceeding to the city or county of the child's residence for such furtheraction or proceedings as the court receiving the transfer may deem proper.However, such transfer may occur only after adjudication in delinquencyproceedings.
2. Custody and visitation: In custody and visitation cases, if venue lies inone of several cities or counties, the court in which the motion for transferis made shall determine which such city or county is the most appropriatevenue unless the parties mutually agree to the selection of venue. In theconsideration of the motion, the best interests of the child shall determinethe most appropriate forum.
3. Support: In support proceedings, exclusive of proceedings arising underChapter 5 of Title 20, if the respondent resides in a city or county in theCommonwealth and the proceeding is commenced in a court of another city orcounty, that court may, at any time on its own motion or a motion of a partyfor good cause shown or by agreement of the parties, transfer the proceedingto the city or county of the respondent's residence for such further actionor proceedings as the court receiving the transfer may deem proper. For thepurposes of determining venue of cases involving support, the respondent'sresidence shall include any city or county in which the respondent hasresided within the last six months prior to the commencement of theproceeding or in which the respondent is residing at the time that the motionfor transfer of venue is made. If venue is transferable to one of severalcities or counties, the court in which the motion for transfer is made shalldetermine which such city or county is the most appropriate venue unless theparties mutually agree to the selection of such venue.
When the support proceeding is a companion case to a child custody orvisitation proceeding, the provisions governing venue in the proceedinginvolving the child's custody or visitation shall govern.
4. Subsequent transfers: Any court receiving a transferred proceeding asprovided in this section may in its discretion transfer such proceeding to acourt in an appropriate venue for good cause shown based either upon changesin circumstances or mistakes of fact or upon agreement of the parties. In anytransfer of venue in cases involving children, the best interests of thechild shall be considered in deciding if and to which court a transfer ofvenue would be appropriate.
5. Enforcement of orders for support, maintenance and custody: Any juvenileand domestic relations district court to which a suit is transferred forenforcement of orders pertaining to support, maintenance, care or custodypursuant to § 20-79 (c) may transfer the case as provided in this section.
C. Records: Originals of all legal and social records pertaining to the caseshall accompany the transfer of venue. Records imaged from the originaldocuments shall be considered original documents for purposes of the transferof venue. The transferor court may, in its discretion, retain copies as itdeems appropriate.
(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.)
