Except as otherwise provided herein, the court shall have exclusive jurisdiction in proceedings: (a) Concerning any child living or found within Guam: (1) who is neglected as to proper or necessary support or education as required by law, remedial, psychiatric, psychological or other care necessary for his well-being; or who is abandoned by his parent or other custodian; (2) whose occupation, behavior, condition, environment, or association is such as to injure or endanger his welfare or that of others; (3) who is beyond the control of his parent or other custodian;
(4) who is alleged to have violated any Guam law; provided, that, the Family Division shall not have jurisdiction with respect to any child sixteen (16) years of age or older who is alleged to have committed any offense under the Vehicle Code (16 GCA) if such offense is within the jurisdiction of the Traffic Division of this Court; and (5) who is an habitual truant as defined by 17 GCA § 6402. (b) To determine the custody or guardianship of the person of any child living within Guam; for adoption of a minor; for the determination [of] parentage of any child; and to terminate parental rights in connection with adoption, custody, or guardianship proceedings. (c) For judicial consent to the marriage of a child, when such consent is required by law. (d) For the treatment or commitment of a mentally defective or mentally disordered or emotionally disturbed child. The Presiding Judge of the Superior Court may assign such other matters relating to the family, including divorce and probate proceedings, to the Family Division as he deems proper. Nothing contained in this Chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children when such custody or guardianship is incidental to the determination of causes pending in such other courts. Such other courts, however, may certify said questions to the Family Division for hearing and determination or recommendation. SOURCE: 19 GCA § 5103, a modification of CCP § 251; enacted by P.L. 17-012:2. 2022 NOTE: References to “territory” or “territorial” omitted and/or replaced with “Guam” pursuant to 1 GCA § 420. COMMENT: This Section was changed in two ways. First, local courts were given jurisdiction of juveniles only when they violate local law, not for violation of Federal or state law. Second, the jurisdiction is modified to include the assignment of family-type matters to the court, as is already
done, so that this Court is truly a family court. Such family jurisdiction is not exclusive. References have been changed to GCA usage by the Compiler where appropriate. CROSS-REFERENCES: See new 10 GCA Chapter 88, specifically § 88300, which gives the Family Court jurisdiction over Child Protective Act actions.