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 whom a proceeding has been commenced for enforcement of an order for […]
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.
(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 jurisdictional standards of this chapter and the determination has not been modified in accordance […]
(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 that does not provide for a specific visitation schedule. (b) […]
(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, including one certified copy, of the determination sought to be registered, […]
(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 subchapter 2, a registered child-custody determination […]
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 enforcing court shall immediately communicate with the modifying court. The […]
(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 for enforcement of a child-custody determination […]
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.
(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 establishes that: (1) the child-custody determination has not been […]
(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 removed from this State. (b) If the court, upon […]
(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 the course of the proceedings, unless the party from whom fees or expenses are sought […]
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 jurisdiction to do so under subchapter 2.
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.
(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 child, obtain the return of a child, or enforce a […]
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.
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.
