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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
973673424Be it enacted by the General Assembly of Virginia:
1. That [ §§ 20-103 and 20-124.2 of the Code of Virginia
are § 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 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 an order that the other spouse provide health
care coverage for the petitioning spouse, unless it is shown that such coverage
cannot be obtained, (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 provide health
care coverage for the children, (v) to provide support 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 eighteen 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. In addition to the authority hereinabove, the court [ may
shall ] order parties with a minor child or children to
attend educational seminars and other like programs [ for a minimum
of four hours, ] conducted by a qualified person or organization
approved by the court, on the effects of the separation or divorce on minor
children, alternative parenting arrangements, options for conflict
resolution, and financial responsibilities, provided that no fee in
excess of fifty dollars may be charged for participation in any such program. [
The court may waive the education requirement for any party who lives
outside the Commonwealth or for good cause shown. ] 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 fifteen 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 fifteen 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.
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.) of Title 20. 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.
[ § 20-124.2. Court-ordered custody and visitation
arrangements.
A. In any case in which custody or visitation of minor children is at
issue, whether in a circuit or district court, the court shall
order the parties to participate in an education seminar or
program pursuant to § 20-103. Following participation in the program, the
parties shall submit a parenting plan to the court; or if a joint plan cannot
be worked out, each party shall submit a separate plan. A parenting plan shall
outline the rights and duties of each parent, along with a residential schedule
for each child.
In such cases the court shall provide prompt
adjudication, upon due consideration of all the facts, of custody and
visitation arrangements, including support and maintenance for the children,
prior to other considerations arising in the matter. The court may enter an
order pending the suit as provided in § 20-103. The procedures for
determining custody and visitation arrangements shall insofar as practical, and
consistent with the ends of justice, preserve the dignity and resources of
family members. Mediation shall be used as an alternative to litigation where
appropriate.
B. In determining custody, the court shall give primary consideration to
the best interests of the child. The court shall assure minor children of
frequent and continuing contact with both parents, when appropriate, and
encourage parents to share in the responsibilities of rearing their children.
As between the parents, there shall be no presumption or inference of law in
favor of either. The court shall give due regard to the primacy of the
parent-child relationship but may upon a showing by clear and convincing
evidence that the best interest of the child would be served thereby award
custody or visitation to any other person with a legitimate interest. The court
may award joint custody or sole custody.
C. The court may order that support be paid for any child of the parties.
The court shall also order that support will continue to be paid for any child
over the age of eighteen who is (i) a full-time high school student, (ii) not
self-supporting and (iii) living in the home of the party seeking or receiving
child support until such child reaches the age of nineteen or graduates from
high school, whichever first occurs. The court may also order the continuation
of support for any child over the age of eighteen who is (i) severely and
permanently mentally or physically disabled, (ii) unable to live independently
and support himself, and (iii) resides in the home of the parent seeking or
receiving child support. In addition, the court may confirm a stipulation or
agreement of the parties which extends a support obligation beyond when it
would otherwise terminate as provided by law. The court shall have no authority
to decree support of children payable by the estate of a deceased party. The
court may make such further decree as it shall deem expedient concerning
support of the minor children, including an order that any party provide health
care coverage.
The court shall have the continuing authority and jurisdiction to make any
additional orders necessary to effectuate and enforce any order entered
pursuant to this section or § 20-103 including the authority to punish as
contempt of court any willful failure of a party to comply with the provisions
of the order. ]