2006 Code of Virginia § 20-146.17 - Simultaneous proceedings

20-146.17. Simultaneous proceedings.

A. Except as otherwise provided in 20-146.15, a court of this Commonwealthmay not exercise its jurisdiction under this article if, at the time of thecommencement of the proceeding, a proceeding concerning the custody of thechild has been previously commenced in a court of another state havingjurisdiction substantially in conformity with this act, unless the proceedinghas been terminated or is stayed by the court of the other state because acourt of this Commonwealth is a more convenient forum under 20-146.18.

B. Except as otherwise provided in 20-146.15, a court of this Commonwealth,before hearing a child custody proceeding, shall examine the court documentsand other information supplied by the parties pursuant to 20-146.20. If thecourt determines that a child custody proceeding has been commenced in acourt in another state having jurisdiction substantially in accordance withthis act, the court of this Commonwealth shall stay its proceeding andcommunicate with the court of the other state. If the court of the statehaving jurisdiction substantially in accordance with this act does notdetermine that the court of this Commonwealth is a more appropriate forum,the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of thisCommonwealth shall determine whether a proceeding to enforce thedetermination has been commenced in another state. If a proceeding to enforcea child custody determination has been commenced in another state, the courtmay:

1. Stay the proceeding for modification pending the entry of an order of acourt of the other state enforcing, staying, denying, or dismissing theproceeding for enforcement;

2. Enjoin the parties from continuing with the proceeding for enforcement; or

3. Proceed with the modification under conditions it considers appropriate.

(1979, c. 229, 20-129; 2001, c. 305.)