reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.20. Information to be submitted to court

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 past five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and
3. Knows the names and addresses of any persons not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
B. If the information required by subsection A is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
C. If the declaration as to any of the items described in subdivisions A 1, A 2, and A 3 is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child. In such a hearing the court shall make a written finding that the disclosure is or is not in the interest of justice. Such hearing and written finding of the issue of disclosure shall be held and made by the court within 15 days of the filing of a pleading or affidavit.
1979, c. 229; 1982, c. 519, § 20-132; 2001, c. 305; 2020, c. 42.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.21. Appearance of parties and child

A. In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to appear before the court in person with or without the child. The court may order any person who is in this Commonwealth and who has physical custody or control of the child to appear in person with the child.
B. If a party to a child custody proceeding whose presence is desired by the court is outside this Commonwealth, the court may direct the party to appear in person with or without the child and inform the party that failure to appear may result in a decision adverse to the party.
C. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
D. If a party to a child custody proceeding who is outside this Commonwealth is directed to appear under subsection B or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
1979, c. 229, § 20-134; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.22. Definitions

In this article:
"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.
"Respondent" means a person against whom a proceeding has been commenced for 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.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.24. Duty to enforce

A. A court of this Commonwealth 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 act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination has not been modified in accordance with this act.
B. A court of this Commonwealth may utilize any remedy available under other law of this Commonwealth to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
1979, c. 229, § 20-138; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.25. Temporary visitation

A. A court of this Commonwealth that 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. If a court of this Commonwealth makes an order under subdivision A 2, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2 (§ 20-146.12 et seq.) of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.26. Registration of child custody determination

A. A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request for enforcement, by sending to the appropriate juvenile and domestic relations district court in this Commonwealth:
1. A letter or other document requesting registration;
2. Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
3. Except as otherwise provided in § 20-146.20, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
B. On receipt of the documents required by subsection A, the registering court shall:
1. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
2. Serve notice upon the persons named pursuant to subdivision A 3 and provide them with an opportunity to contest the registration in accordance with this section.
1979, c. 229, § 20-139; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.27. Enforcement of registered determination

A. A court of this Commonwealth may grant any relief normally available under the law of this Commonwealth to enforce a registered child custody determination made by a court of another state.
B. A court of this Commonwealth shall recognize and enforce, but may not modify, except in accordance with Article 2 (§ 20-146.12 et seq.) of this chapter, a registered child custody determination of a court of another state.
1979, c. 229, § 20-138; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.28. Simultaneous proceedings

If a proceeding for enforcement under this article is commenced in a court of this Commonwealth 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 Article 2 (§ 20-146.12 et seq.) of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
1979, c. 229, § 20-129; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.30. Service of petition and order

Except as otherwise provided in § 20-146.32, the petition and order shall be served, by any method authorized by the law of this Commonwealth, upon the respondent and any person who has physical custody of the child.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.31. Hearing and order

A. Unless the court issues a temporary emergency order pursuant to § 20-146.15, 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 registered under § 20-146.26 and that:
a. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);
b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or
c. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or
2. The child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).
B. The court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.
2001, c. 305; 2020, c. 900.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.32. Ex parte order to take physical custody of child

A. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may request in the petition that the court issue an ex parte order that the child be taken into immediate physical custody if the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth. Any petition for an ex parte order shall include the statements required by subsection B of § 20-146.29.
B. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth, it may issue an ex parte order to take immediate physical custody of the child. A petition filed to enforce a child custody determination which seeks an ex parte order shall be heard on the next judicial day after the ex parte order is issued the unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
C. An ex parte order to take physical custody of a child shall:
1. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
2. Direct law-enforcement officers to take physical custody of the child immediately; and
3. Provide for the placement of the child with the petitioner, suitable relative, other suitable interested individual or the local department of social services pending final relief.
D. The respondent must be served with the petition and ex parte order immediately after the child is taken into physical custody.
E. An ex parte order to take physical custody of a child is enforceable throughout this Commonwealth. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law-enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law-enforcement officers to make a forcible entry at any hour.
F. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.33. Costs, fees, and expenses

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 establishes that the award would be clearly inappropriate.
B. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this act.
1979, c. 229, § 20-136; 2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.34. Recognition and enforcement

A court of this Commonwealth shall accord full faith and credit to an order issued by another state and consistent with this act that 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 Article 2 (§ 20-146.12 et seq.) of this chapter.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.35. Appeals

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 20-146.15, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.37. Transitional provision

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before July 1, 2001, is governed by the law in effect at the time the motion or other request was made.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act › § 20-146.38. Construction of provisions; purposes of act

A. The general purposes of this act are to:
1. Avoid jurisdictional competition and conflict with courts of other states in matters of child custody that have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
2. Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state that can best decide the case in the interest of the child;
3. Ensure that litigation concerning the custody of a child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and personal relationships is most readily available, and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state;
4. Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;
5. Deter abductions and other unilateral removals of children undertaken to obtain custody awards;
6. Avoid relitigation of custody decisions of other states in this Commonwealth insofar as feasible;
7. Facilitate the enforcement of custody decrees of other states;
8. Promote and expand the exchange of information and other forms of mutual assistance between the courts of this Commonwealth and those of other states concerned with the same child; and
9. Make uniform the law of those states that enact it.
B. This act shall be construed to promote the general purposes stated in this section.
2001, c. 305.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-148. Definitions

As used in this chapter:
"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
1985, c. 434; 1986, c. 201.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-150. Content of agreement

Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. Spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
1985, c. 434; 1986, c. 201.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-151. Enforcement; void marriage

A. A premarital agreement is not enforceable if the person against whom enforcement is sought proves that:
1. That person did not execute the agreement voluntarily; or
2. The agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
B. Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. Recitations in the agreement shall create a prima facie presumption that they are factually correct.
C. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
1985, c. 434; 1986, c. 201.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-152. Limitation of actions

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
1985, c. 434; 1986, c. 201.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-154. Prior agreements

All written agreements entered into prior to the enactment of this chapter between prospective spouses for the purpose affecting any of the subjects specified in § 20-150 shall be valid and enforceable if otherwise valid as contracts.
1985, c. 434; 1986, c. 201.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 8 - Premarital Agreement Act › § 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.
1987, c. 41; 1998, c. 638; 2003, cc. 662, 669.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 9 - Status of Children of Assisted Conception › § 20-159. Surrogacy contracts permissible

A. A surrogate, her spouse, if any, and the prospective intended parent may enter into a written agreement whereby the surrogate may relinquish all her rights and duties as parent of a child conceived through assisted conception, and the prospective intended parent may become the parent of the child as provided in subsection D or E of § 20-158.
B. Surrogacy contracts may be approved by the court as provided in § 20-160. However, any surrogacy contract that has not been approved by the court shall be governed by the provisions of §§ 20-156 through 20-159 and §§ 20-162 through 20-165 including the provisions for reformation in conformance with this chapter as provided in § 20-162.
1991, c. 600; 2019, c. 375.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 9 - Status of Children of Assisted Conception › § 20-161. Termination of court-approved surrogacy contract

A. Subsequent to an order entered pursuant to subsection B of § 20-160, but before the surrogate becomes pregnant through the use of assisted conception, the court for cause, or the surrogate, her spouse, if any, or the intended parent, for cause, may terminate the agreement by giving written notice of termination to all other parties and by filing notice of the termination with the court. Upon receipt of the notice, the court shall vacate the order entered under subsection B of § 20-160.
B. Within 180 days after the last performance of any assisted conception, a surrogate who is also a genetic parent may terminate the agreement by filing written notice with the court. The court shall vacate the order entered pursuant to subsection B of § 20-160 upon finding, after notice to the parties to the agreement and a hearing, that the surrogate has voluntarily terminated the agreement and that she understands the effects of the termination.
Unless otherwise provided in the contract as approved, the surrogate shall incur no liability to the intended parent for exercising her rights of termination pursuant to this section.
1991, c. 600; 2010, c. 712; 2019, c. 375.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 9 - Status of Children of Assisted Conception › § 20-163. Miscellaneous provisions related to all surrogacy contracts

A. The surrogate shall be solely responsible for the clinical management of the pregnancy.
B. After the entry of an order under subsection B of § 20-160 or upon the execution of a contract pursuant to § 20-162, the marriage of the surrogate shall not affect the validity of the order or contract, and her spouse shall not be deemed a party to the contract in the absence of his explicit written consent.
C. Following the entry of an order pursuant to subsection D of § 20-160 or upon the relinquishing of the custody of and parental rights to any resulting child and the filing of the surrogate consent and report form as provided in § 20-162, the intended parent shall have the custody of, parental rights to, and full responsibilities for any child resulting from the performance of assisted conception from a surrogacy agreement regardless of the child's health, physical appearance, any mental or physical disability, and regardless of whether the child is born alive.
D. A child born to a surrogate within 300 days after assisted conception pursuant to an order under subsection B of § 20-160 or a contract under § 20-162 is presumed to result from the assisted conception. This presumption is conclusive as to all persons who fail to file an action to test its validity within two years after the birth of the child. The child and the parties to the contract shall be named as parties in any such action. The action shall be filed in the court that issued or could have issued an order under § 20-160.
E. Health care providers shall not be liable for recognizing the surrogate as the mother of the resulting child before receipt of a copy of an order entered under § 20-160 or a copy of the contract, or for recognizing the intended parent as the parent of the resulting child after receipt of such order or copy of the contract.
F. Any contract provision requiring or prohibiting an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable.
1991, c. 600; 2019, c. 375; 2022, c. 800; 2023, cc. 148, 149.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 9 - Status of Children of Assisted Conception › § 20-164. Relation of parent and child

A child whose status as a child is declared or negated by this chapter is the child only of his parent or parents as determined under this chapter, Title 64.2, and, when applicable, Chapter 3.1 (§ 20-49.1 et seq.) of this title for all purposes including, but not limited to, (i) intestate succession; (ii) probate law exemptions, allowances, or other protections for children in a parent's estate; and (iii) determining eligibility of the child or its descendants to share in a donative transfer from any person as an individual or as a member of a class determined by reference to the relationship. However, a child born more than ten months after the death of a parent shall not be recognized as such parent's child for the purposes of subdivisions (i), (ii) and (iii) of this section.
1991, c. 600; 1994, c. 919.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 9 - Status of Children of Assisted Conception › § 20-165. Surrogate brokers prohibited; penalty; liability of surrogate brokers

A. It is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation for recruiting or procuring surrogates or to accept compensation for otherwise arranging or inducing an intended parent and surrogates to enter into surrogacy contracts in this Commonwealth. A violation of this section shall be punishable as a Class 1 misdemeanor.
B. Any person who acts as a surrogate broker in violation of this section shall, in addition, be liable to all the parties to the purported surrogacy contract in a total amount equal to three times the amount of compensation to have been paid to the broker pursuant to the contract. One-half of the damages under this subsection shall be due the surrogate and her spouse, if any, and if such spouse is a party to the contract, and one-half shall be due the intended parent.
An action under this section shall be brought within five years of the date of the contract.
C. The provisions of this section shall not apply to the services of an attorney in giving legal advice or in preparing a surrogacy contract.
1991, c. 600; 2010, c. 712; 2019, c. 375; 2020, c. 900.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-170. Collaborative law participation agreement; requirements

A. A collaborative law participation agreement shall:
1. Be in a record;
2. Be signed by the parties;
3. State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;
4. Describe the nature and scope of the matter;
5. Identify the collaborative lawyer who represents each party in the process; and
6. Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process, which may be contained in a separate writing.
B. Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-171. Beginning and concluding collaborative law process

A. A collaborative law process begins when the parties sign a collaborative law participation agreement.
B. A tribunal shall not order a party to participate in a collaborative law process over such party's objection.
C. A collaborative law process is concluded by a:
1. Resolution of a collaborative matter as evidenced by a signed record;
2. Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
3. Termination of the process.
D. A collaborative law process terminates:
1. When a party gives notice to his collaborative lawyer and to other parties in a record that the process is ended;
2. When a party:
a. Begins a proceeding related to a collaborative matter without the agreement of all parties; or
b. In a pending proceeding related to the matter, (i) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal; (ii) requests that the proceeding be put on the tribunal's active docket; or (iii) takes similar action requiring notice to be sent to the parties; or
3. Except as otherwise provided by subsection G, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
E. A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
F. A party may terminate a collaborative law process with or without cause.
G. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection E is sent to the parties:
1. The unrepresented party engages a successor collaborative lawyer; and
2. In a signed record:
a. The parties consent to continue the process by reaffirming the collaborative law participation agreement;
b. The collaborative law participation agreement is amended to identify the successor collaborative lawyer; and
c. The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
H. A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part of such matter as evidenced by a signed record, including any orders necessary to effectuate the terms of an agreement reached in the collaborative law process and evidenced in a signed record.
I. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-172. Proceedings pending before tribunal; status report

A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection D and §§ 20-173 and 20-174, the filing operates as an application for a stay of the proceeding.
B. In the event that a stay is not granted by the tribunal, the proceeding shall be nonsuited by the parties before the collaborative law process may continue.
C. In the event that a stay of the proceeding is granted by the tribunal, the parties shall promptly file with the tribunal a notice in a record when their collaborative law process concludes. A stay of the proceeding under subsection A is lifted when the notice is filed. The notice shall not specify any reason for termination of the process.
D. A tribunal in which a proceeding is stayed under subsection A may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
E. A tribunal shall not consider a communication made in violation of subsection D.
F. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception

A. Except as otherwise provided in subsection C, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
B. Except as otherwise provided in subsection C and § 20-176, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection A.
C. A collaborative lawyer or another lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
1. To ask a tribunal to affirm, ratify, and incorporate any agreement resulting from the collaborative law process into a court order;
2. To ask a tribunal to enter any order necessary to effectuate the terms of any agreement resulting from the collaborative law process; or
3. To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a party's family or household member, if a successor lawyer is not immediately available to represent such person.
D. If subdivision C 3 applies, a collaborative lawyer, or another lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or a party's family or household member only until such person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-176. Low-income parties; exception from imputed disqualification

A. The disqualification provisions of § 20-175 apply to a collaborative lawyer representing a party with or without fee.
B. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified pursuant to § 20-175 is associated may represent a party without fee in the collaborative matter or a matter related to such collaborative matter if:
1. The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;
2. The collaborative law participation agreement so provides for such subsequent representation; and
3. The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-177. Disclosure of information

Except as otherwise provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without the requirement of the formal discovery procedures set forth in Part 4 of the Rules of Supreme Court of Virginia. A party shall also promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-178. Standards of professional responsibility and mandatory reporting not affected

This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the laws of the Commonwealth.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-179. Appropriateness of collaborative law process

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
3. Advise the prospective party that:
a. After signing a collaborative law participation agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
b. Participation in a collaborative law process is voluntary, and any party has the right to unilaterally terminate a collaborative law process with or without cause; and
c. The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of § 20-175 or by § 20-176.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-180. History of family abuse

A. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether there exists a history of family abuse between the prospective parties.
B. Throughout a collaborative law process, a collaborative lawyer shall reasonably and continuously assess whether there exists a history of family abuse between the parties.
C. If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of family abuse with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless (i) the party or the prospective party requests beginning or continuing the process and (ii) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery

A. Subject to §§ 20-183 and 20-184, a collaborative law communication is privileged under subsection B, is not subject to discovery, and is not admissible in evidence.
B. In a proceeding, the following privileges apply:
1. A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
2. A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
C. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-183. Waiver and preclusion of privilege

A. A privilege under § 20-182 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by such participant.
B. A person who makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding shall not assert a privilege under § 20-182; such preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-184. Limits of privilege

A. There is no privilege under § 20-182 for a collaborative law communication that is:
1. Available to the public;
2. A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
3. Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
4. In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
B. The privileges under § 20-182 for a collaborative law communication do not apply to the extent that a communication is:
1. Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or
2. Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party to or otherwise participates in the process.
C. There is no privilege under § 20-182 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in (i) a court proceeding involving a felony or misdemeanor or (ii) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
D. If a collaborative law communication is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
E. Disclosure or admission of evidence excepted from the privilege under subsection B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
F. The privileges under § 20-182 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process is not privileged before the communication was made.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-185. Authority of tribunal in case of noncompliance

A. If a collaborative law participation agreement fails to meet the requirements of § 20-170, or a lawyer fails to comply with § 20-179 or 20-180, a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into a collaborative law participation agreement and (ii) reasonably believed they were participating in a collaborative law process.
B. If a tribunal makes the findings specified in subsection A, and the interests of justice require, the tribunal may (i) enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated, (ii) apply the disqualification provisions of § 20-175, and (iii) apply a privilege under § 20-182.
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 20 - Domestic Relations › Chapter 11 - Uniform Collaborative Law Act › § 20-187. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
2021, Sp. Sess. I, c. 346.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 2 - Sanitary Districts › § 21-112.22. Definitions

Whenever the words "circuit court" are used in this chapter, they shall also be construed to mean "circuit or corporation court" of a city; whenever the word "county" appears in this chapter, it shall also be construed to mean "city," and whenever the words "governing body of a county" shall appear, they shall also be construed to mean "city council."
1964, c. 525.