SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 20-103 of the Code of Virginia is amended and reenacted as follows:
§ 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.
A. In suits for divorce, annulment and separate maintenance,
and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241,
the court having jurisdiction of the matter may, at any time pending a suit
pursuant to this chapter, in the discretion of such court, make any order that may
be proper (i) to compel a spouse to pay any sums necessary for the maintenance
and support of the petitioning spouse, including (a) an order that the other
spouse provide health care coverage for the petitioning spouse, unless it is
shown that such coverage cannot be obtained, or (b) an order that a party pay
secured or unsecured debts incurred jointly or by either party, (ii) to enable
such spouse to carry on the suit, (iii) to prevent either spouse from imposing
any restraint on the personal liberty of the other spouse, (iv) to provide for
the custody and maintenance of the minor children of the parties, including an
order that either party or both parties provide health care coverage or cash
medical support, or both, for the children, (v) to provide support, calculated
in accordance with § 20-108.2, for any child of the parties to whom a duty of
support is owed and to continue to support any child over the age of 18 who
meets the requirements set forth in subsection C of § 20-124.2, (vi) for the
exclusive use and possession of the family residence during the pendency of the
suit, (vii) to preserve the estate of either spouse, so that it be forthcoming
to meet any decree which may be made in the suit, or (viii) to compel
either spouse to give security to abide such decree, or (ix) (a) to compel a
party to maintain any existing policy owned by that party insuring the life of
either party or to require a party to name as a beneficiary of the policy the
other party or an appropriate person for the exclusive use and benefit of the
minor children of the parties and (b) to allocate the premium cost of such life
insurance between the parties, provided that all premiums are billed to the
policyholder. Nothing in clause (ix) shall be construed to create an independent
cause of action on the part of any beneficiary against the insurer or to
require an insurer to provide information relating to such policy to any person
other than the policyholder without the written consent of the policyholder.
The parties to any petition where a child whose custody, visitation, or support
is contested shall show proof that they have attended within the 12 months
prior to their court appearance or that they shall attend within 45 days
thereafter an educational seminar or other like program conducted by a
qualified person or organization approved by the court except that the court
may require the parties to attend such seminar or program in uncontested cases
only if the court finds good cause. The seminar or other program shall be a minimum
of four hours in length and shall address the effects of separation or divorce
on children, parenting responsibilities, options for conflict resolution and
financial responsibilities. Once a party has completed one educational seminar
or other like program, the required completion of additional programs shall be
at the court's discretion. Parties under this section shall include natural or
adoptive parents of the child, or any person with a legitimate interest as
defined in § 20-124.1. The fee charged a party for participation in such
program shall be based on the party's ability to pay; however, no fee in excess
of $50 may be charged. Whenever possible, before participating in mediation or
alternative dispute resolution to address custody, visitation or support, each
party shall have attended the educational seminar or other like program. The
court may grant an exemption from attendance of such program for good cause
shown or if there is no program reasonably available. Other than statements or
admissions by a party admitting criminal activity or child abuse, no statement
or admission by a party in such seminar or program shall be admissible into
evidence in any subsequent proceeding.
B. In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party's family or household member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party's family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk's office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.
C. In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit.
D. Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff's office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.
E. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause.