Filing Motions in the JDR
Numerous questions have been raised regarding which petitions or motions will be accepted by the Virginia Beach Juvenile and Domestic Relations Court regarding custody and visitation matters.
Visitation
When a visitation order based on a previously filed visitation petition has been entered in this court or a Circuit Court decree has been entered ordering specific visitation, then a motion to amend/review (form DC-630) may be filed to modify visitation or a motion to show cause (form DC-635) may be filed for failure to comply with visitation.
Conversely, if visitation was only ordered as liberal or reasonable, then a new visitation petition (DC form 511 ) must be filed. If prior visitation was awarded as a result of a visitation petition filed in another Virginia J&DR Court, from which the case was transferred to this court, visitation can be modified upon filing a motion to amend/review (Form DC-630).
Custody
For all custody matters (original or modifications) a new petition must be filed on the Court's form DC form 511.
Miscellaneous motions such as:
- Motion to expedite
- Motion to appoint a GAL
- Motion to withdraw as counsel
- Motion to continue a matter
- Motion to advance on the docket
- Motion to auash
- Motion to compel
- Motion to vacate an order
- Motion to rehear
- Motion for attorney's fees
- Motion to enter an order (if the case has already been heard and the Court is expecting an order as a result)
- Any other similar motion (other than a motion to modify visitation or custody)
May be filed on the attorney's pleading form (original and two copies!). In other words, these do not have to be filed on the court's motion to amend/review form. Please note that notices (original and two copies) must accompany these pleadings on attorney forms.
When submitting motions, counsel should provide all available dates for all counsel and the guardian ad litem (if one is appointed) for the next 90 days.
Motions to show cause must be filed on the Court's motion to show cause (form DC-635) (an original and two copies).
When that motion is submitted, the Court will issue a subpoena or summons to appear. Therefore, only the motion, and not a notice or an order is required to be filed.