Virginia Code

Va. Code Ann. § 16.1-245 (2026)

Transfer from other courts

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

If, during the pendency of a proceeding in any other court, it is ascertained for the first time that exclusive jurisdiction lies within the juvenile and domestic relations district court, such court shall forthwith transfer the case, together with all papers, documents and evidence connected therewith, to the juvenile and domestic relations district court of the city or county having jurisdiction. The court making the transfer shall determine who is to have custody of the child pending action by the juvenile and domestic relations district court pursuant to § 16.1-247. If, during the pendency of a proceeding in the juvenile and domestic relations district court, it is ascertained for the first time that exclusive jurisdiction lies in the general district or circuit court, the juvenile and domestic relations district court shall likewise transfer the case to the appropriate court.

Code 1950, § 16.1-175; 1956, c. 555; 1977, c. 559; 1992, c. 496.

Notes of Decisions
Cited in 2 cases, 1986–2013 · leading case: Cunningham v. Cunningham, 86 Va. Cir. 202 (Norfolk Cir. Ct. 2013).
Cunningham v. Cunningham, 86 Va. Cir. 202 (Norfolk Cir. Ct. 2013). · cites it 6× “The Court understands that counsel may wish to save their clients the expense, inconvenience, and anxiety of hying a case in a Juvenile and Domestic Relations District Court, and then hying it again de novo in a circuit court.”
Commonwealth v. Thomas, 6 Va. Cir. 373 (Frederick Cir. Ct. 1986). · cites it 2× “The distinction between the two situations is underscored by § 16.1-245 providing for transfer to the juvenile court in criminal proceedings where for the first time it is discovered "the person was under the age of eighteen years at the time of committing the alleged offense…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.