VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 1. General Provisions

• Jurisdiction: United States

Rule 1. General Provisions

(a) Scope and Purpose. These rules govern the procedures in the Family Division of the Superior Court. They are intended to provide a just, speedy, and efficient determination of all proceedings, and shall be construed to secure simplicity in procedure and fairness in administration. These rules are also intended to facilitate access to the court, to save time and expense through active case management, and to enable the court to coordinate related cases and proceedings to avoid multiple appearances by the same parties on the same or similar issues and to avoid inconsistent court orders.

(b) Application. These rules apply to all family matters except as specifically provided in the Virgin Islands Rules of Criminal Procedure. Family matters include but are not limited to, those arising from dissolution of marriage, annulment, support unconnected with dissolution of marriage, paternity, child support, an action involving a parenting plan for a minor child or children, proceedings for temporary or concurrent custody of minors, declaratory judgment actions related to premarital, marital, or postmarital agreements (except as otherwise provided, when applicable, by the Virgin Islands Probate Rules), injunctions for protection against domestic or other sexual violence, stalking, and all proceedings for modification, enforcement, and civil contempt arising from these proceedings.

(c) Title and Citation. These rules shall be known as the Virgin Islands Rules of Family Division Procedure and may be cited in short form as V.I.R.Fam.P.

(d) Effective Date. These rules shall take effect as provided in a promulgation order by the Supreme Court of the Virgin Islands.

(e) Application to Pending Proceedings. These rules, and subsequent amendments, govern:

(1) proceedings in any action commenced after their effective date; and
(2) proceedings in any action pending on the effective date of the rules or amendments, unless

(A) the Supreme Court of the Virgin Islands specifies otherwise by order; or
(B) the Superior Court makes an express finding that applying them in a particular previously pending action would be infeasible or would be unjust.

(f) Definitions.

(1) In these Rules:
"Child" shall mean an individual under the age of 18 years, and—where the context refers to actions by or on behalf of a child—shall also refer to parents, guardians, custodians, or counsel acting on behalf of the child.
"Department of Human Services" shall refer to the Virgin Islands Department of Human Services, Child Care and Regulatory Services.
"Department of Justice" shall refer to the Virgin Islands Department of Justice.
"Family Division" refers to the Family Division of the Superior Court of the Virgin Islands.
"Parties" shall include the child, parents, custodians, the Attorney General, the Department of Human Services, and any other person or

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