State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-5 > 20-83-1

§ 20-83.1. Transfer of cases between courts in certain instances.

(a) In the event that a spouse or dependent child has left the jurisdictionof the court in which the original petition was filed, but is still withinthe Commonwealth, and the accused is not within the jurisdiction embraced bysuch court, on motion of the spouse or child, or accused or the person havingcustody of such child, the court in which the original petition was filed maytransfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in this Commonwealth in which the spouse orchild or accused resides. The court to which such case has been transferredshall have power to enforce such orders and decrees as may have been made inthe court transferring the case as though the petition had been originallyfiled therein, and to make such other orders and decrees as may be necessaryto enforce the provisions of this chapter.

(b) In the event that an appeal is pending in a court of record in thisCommonwealth from the decision of any court having jurisdiction to hear suchpetitions, upon motion of the spouse or child, or the person having custodyof the child, stating that such spouse or child no longer resides within thejurisdiction of such court of record, such court, upon reaching its decision,may transfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in which the spouse or child resides in thesame manner and to the same effect as provided in subsection (a) hereof.

(1964, c. 12; 1974, c. 464.)

State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-5 > 20-83-1

§ 20-83.1. Transfer of cases between courts in certain instances.

(a) In the event that a spouse or dependent child has left the jurisdictionof the court in which the original petition was filed, but is still withinthe Commonwealth, and the accused is not within the jurisdiction embraced bysuch court, on motion of the spouse or child, or accused or the person havingcustody of such child, the court in which the original petition was filed maytransfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in this Commonwealth in which the spouse orchild or accused resides. The court to which such case has been transferredshall have power to enforce such orders and decrees as may have been made inthe court transferring the case as though the petition had been originallyfiled therein, and to make such other orders and decrees as may be necessaryto enforce the provisions of this chapter.

(b) In the event that an appeal is pending in a court of record in thisCommonwealth from the decision of any court having jurisdiction to hear suchpetitions, upon motion of the spouse or child, or the person having custodyof the child, stating that such spouse or child no longer resides within thejurisdiction of such court of record, such court, upon reaching its decision,may transfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in which the spouse or child resides in thesame manner and to the same effect as provided in subsection (a) hereof.

(1964, c. 12; 1974, c. 464.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-5 > 20-83-1

§ 20-83.1. Transfer of cases between courts in certain instances.

(a) In the event that a spouse or dependent child has left the jurisdictionof the court in which the original petition was filed, but is still withinthe Commonwealth, and the accused is not within the jurisdiction embraced bysuch court, on motion of the spouse or child, or accused or the person havingcustody of such child, the court in which the original petition was filed maytransfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in this Commonwealth in which the spouse orchild or accused resides. The court to which such case has been transferredshall have power to enforce such orders and decrees as may have been made inthe court transferring the case as though the petition had been originallyfiled therein, and to make such other orders and decrees as may be necessaryto enforce the provisions of this chapter.

(b) In the event that an appeal is pending in a court of record in thisCommonwealth from the decision of any court having jurisdiction to hear suchpetitions, upon motion of the spouse or child, or the person having custodyof the child, stating that such spouse or child no longer resides within thejurisdiction of such court of record, such court, upon reaching its decision,may transfer the case to the court having original jurisdiction to hear suchpetitions in the county or city in which the spouse or child resides in thesame manner and to the same effect as provided in subsection (a) hereof.

(1964, c. 12; 1974, c. 464.)