11 DE Code § 9603. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 96. Protection of Witnesses and Crime Victims|Subchapter I. Protection of Witnesses|§ 9603. Child custody arrangement.

§ 9603. Child custody arrangement. (a) The Attorney General may not relocate any child in connection with services provided to a person under this subchapter if it appears that a person other than that protected person has legal custody of that child. (b) Before services which include the establishment of a new identity and/or new place of permanent residence are provided under this subchapter to any person:  (1) Who is a parent of a child of whom that person has custody; and (2) Who has obligations to another parent of that child with respect to custody or visitation of that child under a court order, the Attorney General shall obtain and examine a copy of such order for the purpose of assuring that compliance with the order can be achieved. If compliance with a visitation order cannot be achieved, the Attorney General may provide services under this subchapter to the person only if the parent being relocated initiates legal action to modify the existing court order under paragraph (e)(1) of this section. The parent being relocated must agree in writing before being provided such services to abide by any ensuing court orders issued as a result of an action to modify. (c) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter:  (1) Who is the parent of a child who is relocated in connection with such services; and (2) Who has obligations to another parent of that child with respect to custody or visitation of that child under a state court order, the Attorney General shall, as soon as practicable after the person and child are so relocated, notify in writing the child's parent who is not so relocated that a child has been provided services under this subchapter. The notification shall also include statements that the rights of the parent not so relocated to visitation or custody, or both, under the court order shall not be infringed by the relocation of the child and the Department of Justice responsibility with respect thereto. The Department of Justice will pay all reasonable costs of transportation and security incurred in insuring that visitation can occur at a secure location, but in no event shall it be obligated to pay such costs for visitation in excess of 30 days a year. Additional visitation may be paid for, in the discretion of the Attorney General, by the Department of Justice in extraordinary circumstances. In the event that the unrelocated parent pays visitation costs, the Department of Justice may, in the discretion of the Attorney General, extend security arrangements associated with such visitation. (d) (1) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter:  a. Who is the parent of a child who is relocated in connection with such services; and b. Who has obligations to another parent of that child with respect to custody or visitation of that child under a court order, an action to modify that court order may be brought by any party to the court order in the Family Court in the county in which the child's parent resides who has not been relocated in connection with such services. (2) With respect to actions brought under paragraph (d)(1) of this section, the Family Court shall establish a procedure to provide a reasonable opportunity for the parties to the court order to mediate their dispute with respect to the order. The court shall provide a mediator for this purpose. If the dispute is mediated, the court shall issue an order in accordance with the resolution of the dispute. (3) If, within 60 days after an action is brought under paragraph (d)(1) of this section hereof to modify a court order, the dispute has not been mediated, any party to the court order may request arbitration of the dispute. In the case of such a request, the court shall appoint a commissioner to act as arbitrator, who shall be experienced in domestic relations matters. The court and the commissioner shall, in determining the dispute, give substantial deference to the need for maintaining parent-child relationships, and any order issued by the court shall be in the best interests of the child. In actions to modify a court order brought under this subsection, the court and the commissioner shall apply the law of the State in which the court order was issued. The costs to the state of carrying out a court order may be considered in an action brought under this subsection to modify that court order but shall not outweigh the relative interests of the parties themselves and the child. (4) Until a court order is modified under this subsection, all parties to that court order shall comply with their obligations under that court order subject to the limitations set forth in this section. (5) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter who is the parent of a child who is relocated in connection with such services, the parent not relocated in connection with such services may bring an action in the Family Court for violation by that protected person of a court order with respect to custody or visitation of that child. If the court finds that such a violation has occurred, the court may hold the person to whom services have been provided in contempt. Once held in contempt, the person to whom such services have been provided shall have a maximum of 60 days, in the discretion of the Attorney General, to comply with the court order. If the person fails to comply with the order within the time specified by the Attorney General, the Attorney General shall disclose the new identity and address of the protected person to the other parent and terminate any financial assistance to such person unless otherwise directed by the court. (6) The State shall pay litigation costs, including reasonable attorneys' fees, incurred by a parent who prevails in enforcing a custody or visitation order, but shall retain the right to recover such costs from the person to whom services have been provided under this subchapter. (e) (1) In any case in which the Attorney General determines that, as a result of the relocation of a person and a child of whom that person is a parent in connection with the provision of services under this subchapter, the implementation of a court order with respect to custody or visitation of that child would be substantially impossible, the Attorney General may bring, on behalf of the person provided services under this subchapter, an action to modify the court order. Such action may be brought in the county in which the parent resides who would not be or was not relocated in connection with the services provided under this subchapter. In an action brought under this paragraph, if the Attorney General establishes, by clear and convincing evidence, that implementation of the court order involved would be substantially impossible, the court may modify the court order but shall, subject to appropriate security considerations, provide an alternative as substantially equivalent to the original rights of the nonrelocating parent as feasible under the circumstances. (2) With respect to any state court order in effect to which this section applies, if the parent who is not relocated in connection with the services provided under this subchapter intentionally violates a reasonable security requirement imposed by the Attorney General with respect to the implementation of that court order, the Attorney General may bring an action in the county in which that parent resides to modify the court order. The court may modify the court order if the court finds such an intentional violation. The procedures for mediation and arbitration provided herein shall not apply to actions for modification brought under this subsection. (f) In any case in which a person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter is the parent of a child of whom that person has custody and has obligations to another parent of that child concerning custody and visitation of that child which are not imposed by court order, that person, or the parent not relocated in connection with such services may bring an action in the county in which the parent not relocated resides to obtain an order providing for custody or visitation, or both, of that child. In any such action, all the provisions of subsection (d) of this section shall apply. (g) In any case in which an action under this section involves court orders from different States with respect to custody or visitation of the same child, the court shall resolve any conflicts by applying the rules of conflict of laws of the state in which the court is sitting. (h) (1) Subject to paragraph (h)(2) of this section, the costs of any action described in subsection (d), (e) or (f) of this section shall be paid by the State. (2) The Attorney General shall insure that any state court order in effect to which this section applies is carried out. The Department of Justice shall pay all costs and fees described in subsections (c) and (d) of this section. (i) As used in this section, the term “parent” includes any person who stands in the place of a parent by law. 74 Del. Laws, c. 57, §  1;  78 Del. Laws, c. 28, §  1;