Title 16, Domestic Relations
11 chapters · 247 sections in this title.
16 V.I.C. § 115 Short title
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This chapter may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act.
16 V.I.C. § 116 Definitions
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(1) In this chapter:(1) “Abandoned” means left without provision for reasonable and necessary care or supervision.(2) “Child” means an individual who has not attained 18 years of age.(3) “Child-custody determination” means a judgment, decree, or other order of a court providing f…
16 V.I.C. § 117 Proceedings governed by other law
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This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
16 V.I.C. § 118 Application to Indian tribes
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(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this State shall treat a tribe as…
16 V.I.C. § 119 International application of chapter
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(a) A court of this State shall treat a foreign country as if it were a State of the United States for the purpose of applying subchapters 1 and 2. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstan…
16 V.I.C. § 120 Effect of child-custody determination
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A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 122 or who have submitted to the jurisdiction of the court, and w…
16 V.I.C. § 121 Priority
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If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
16 V.I.C. § 122 Notice to persons outside state
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(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the State in which the service is made. Notice must be given in a manner reasonably calcul…
16 V.I.C. § 123 Appearance and limited immunity
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(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by re…
16 V.I.C. § 124 Communication between courts
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(a) A court of this State may communicate with a court in another State concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given…
16 V.I.C. § 125 Taking testimony in another State
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(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another State, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony …
16 V.I.C. § 126 Cooperation between courts; preservation of records
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(a) A court of this State may request the appropriate court of another State to:(1) hold an evidentiary hearing;(2) order a person to produce or give evidence pursuant to procedures of that State;(3) order that an evaluation be made with respect to the custody of a child involved…
16 V.I.C. § 127 Initial child-custody jurisdiction
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(a) Except as otherwise provided in § 130, a court of this State has jurisdiction to make an initial child-custody determination only if:(1) this State is the home State of the child on the date of the commencement of the proceeding, or was the home State of the child within six …
16 V.I.C. § 128 Exclusive, continuing jurisdiction
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(a) Except as otherwise provided in § 133, a court of this State which has made a child-custody determination consistent with § 127 or § 129 has exclusive, continuing jurisdiction over the determination until:(1) a court of this State determines that neither the child, nor the ch…
16 V.I.C. § 129 Jurisdiction to modify determination
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(1) Except as otherwise provided in § 130, a court of this State may not modify a child-custody determination made by a court of another State unless a court of this State has jurisdiction to make an initial determination under § 127(a)(1) or (2) and:(1) the court of the other St…
16 V.I.C. § 130 Temporary emergency jurisdiction
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(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with…
16 V.I.C. § 131 Notice; opportunity to be heard; joinder
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(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 122 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between residents…
16 V.I.C. § 132 Simultaneous proceedings
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(a) Except as otherwise provided in § 130, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another State having j…
16 V.I.C. § 133 Inconvenient forum
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(a) A court of this State which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another State is a more app…
16 V.I.C. § 134 Jurisdiction declined by reason of conduct
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(a) Except as otherwise provided in § 130 or by other law of this State, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unl…
16 V.I.C. § 135 Information to be submitted to court
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(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and…
16 V.I.C. § 136 Appearance of parties and child
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(a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the c…
16 V.I.C. § 137 Definitions
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In this subchapter: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. (2) “Respondent” means a person against wh…
16 V.I.C. § 138 Enforcement under Hague Convention
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Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
16 V.I.C. § 139 Duty to enforce
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(a) A court of this State shall recognize and enforce a child-custody determination of a court of another State if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictio…
16 V.I.C. § 140 Temporary visitation
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(a) A court of this State which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:(1) a visitation schedule made by a court of another State; or(2) the visitation provisions of a child-custody determination of another State …
16 V.I.C. § 140a Registration of child-custody determination
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(a) A child-custody determination issued by a court of another State may be registered in this State, with or without a simultaneous request for enforcement, by sending to the Virgin Islands Superior Court:(1) a letter or other document requesting registration;(2) two copies, inc…
16 V.I.C. § 140b Enforcement of registered determination
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(a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child-custody determination made by a court of another State. (b) A court of this State shall recognize and enforce, but may not modify, except in accordance with…
16 V.I.C. § 140c Simultaneous proceedings
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If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another State having jurisdiction to modify the determination under subchapter 2, the enforc…
16 V.I.C. § 140d Expedited enforcement of child-custody determination
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(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition fo…
16 V.I.C. § 140e Service of petition and order
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Except as otherwise provided in § 140g, the petition and order must be served, by any method authorized under the rules of the Superior Court, upon respondent and any person who has physical custody of the child.
16 V.I.C. § 140f Hearing and order
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(a) Unless the court issues a temporary emergency order pursuant to § 130, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent est…
16 V.I.C. § 140g Warrant to take physical custody of child
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(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remo…
16 V.I.C. § 140h Costs, fees, and expenses
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(a) The court shall award the prevailing party, including a State, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during…
16 V.I.C. § 140i Recognition and enforcement
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A court of this State shall accord full faith and credit to an order issued by another State and consistent with this chapter which enforces a child-custody determination by a court of another State unless the order has been vacated, stayed, or modified by a court having jurisdic…
16 V.I.C. § 140j Appeals
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An appeal may be taken from a final order in a proceeding under this subchapter in accordance with law. Unless the court enters a temporary emergency order under § 130, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
16 V.I.C. § 140k Role of prosecutor
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(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a …
16 V.I.C. § 140l Role of law enforcement
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At the request of a prosecutor acting under § 140k, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under § 4987.
16 V.I.C. § 140m Costs and expenses
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If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under § 140k or § 140l.
16 V.I.C. § 140n Application and construction
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In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.
16 V.I.C. § 140o Severability clause
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…