8.2 Jurisdiction

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.2 JURISDICTION

8.201 Juvenile and Domestic Relations District Court. The juvenile and domestic relations district court has subject matter jurisdiction over cases involving a child whose custody or visitation "is a subject of controversy or requires determination." ¹³ Its jurisdiction is concurrent with the

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circuit court, except as provided in section 16.1-244 of the Virginia Code. ¹⁴ It may exercise exclusive, original territorial jurisdiction within its own territory and concurrently with an adjoining juvenile and domestic relations district court within one mile beyond the limits of its own territory. ¹⁵

8.202 Circuit Court. Circuit court jurisdiction in child custody and visitation disputes may be obtained in several different ways.

A. Appeal From Juvenile and Domestic Relations District Court. An appeal from a decision of the juvenile and domestic relations district court goes to the circuit court, where the case is tried de novo. ¹⁶ Proceedings in the circuit court are heard without a jury unless the court, on the motion of a party, allows an advisory jury to hear an issue. ¹⁷ The burden of proof is on the petitioning party, which may or may not be the appellant. In determining the appeal, the circuit court may exercise "all the powers and authority" given to the juvenile and domestic relations district court. ¹⁸

B. Incidental to Divorce and Other Proceedings. The circuit court may enter decrees concerning custody or visitation of a minor child upon decreeing:

1.	The dissolution of a marriage;
2.	A divorce from bed and board;
3.	A divorce from the bond of matrimony;
4.	That neither party is entitled to a divorce; or
5.	Separate maintenance. 19

C. Writ of Habeas Corpus. A petition seeking a writ of habeas corpus to determine child custody is a common law remedy that has been used infrequently since the creation of the juvenile and domestic relations district court. Nevertheless, the Juvenile Court Act provides that a writ of

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habeas corpus is still available as a means to determine the custody of a child. ²⁰

8.203 Concurrent Jurisdiction. Sections 16.1-244 and 20-79 of the Virginia Code provide for concurrent jurisdiction between the circuit court and the juvenile and domestic relations district court in child custody and visitation matters. The circuit court has concurrent original jurisdiction with the juvenile and domestic relations district court over cases in which the parentage of a child is at issue in any matter otherwise before the circuit court. ²¹ Section...