A. Except as otherwise provided in § 20-146.15 or by other law of this Commonwealth, if a court of this Commonwealth has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
1. The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
2. A court of the state otherwise having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.18; or
3. No court of any other state would have jurisdiction under the criteria specified in subsection B.
B. If a court of this Commonwealth declines to exercise its jurisdiction pursuant to subsection A, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14.
C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses 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 are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this Commonwealth unless authorized by law other than this act.
1979, c. 229, § 20-131; 2001, c. 305.
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 2004–2026 · leading case:
Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008).
Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008).
· cites it 14× “33(A) applies to all proceedings under the UCCJEA, as mother asserts, a separate statute would not be needed to address the award of attorney’s fees under the circumstances described in Code § 20-146.”
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
· cites it 16× “18 or Code § 20-146.19. See Code § 20-146.12(A)(2)-(4).”
Andrea S. Morrison v. Adam Morrison, 704 S.E.2d 617 (Va. Ct. App. 2011).
· cites it 8× “Father suggests the circuit court could refuse to register the order under what he refers to as the “clean hands” component to the UCCJEA found in Code § 20-146.19. That code section provides in relevant part, Except as otherwise provided in § 20-146.”
Swalef v. Anderson, 646 S.E.2d 458 (Va. Ct. App. 2007).
· cites it 2× “Virginia’s Code § 20-146.19 has similar provisions. 3 .”
Andrea S. Morrison v. Adam Morrison (Va. Ct. App. 2011).
· cites it 7× “- 12 - component to the UCCJEA found in Code § 20-146.19. That code section provides in relevant part, Except as otherwise provided in § 20-146.”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
J.M. v. A.A. (Va. Ct. App. 2024).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
A.A. v. J.M. (Va. Ct. App. 2024).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
Mast v. A.A. (Va. 2026).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011).
· cites it 2× “18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
Thomas Lee Sowers v. Karen S. Walker (Va. Ct. App. 2011).
· cites it 2× “18 or § 20-146.19, and -3- (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this…”
— Va. Code Ann. § 20-146.19(A) — 3 cases
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“18 or Code § 20-146.19. See Code § 20-146.12(A)(2)-(4).”
Andrea S. Morrison v. Adam Morrison, 704 S.E.2d 617 (Va. Ct. App. 2011).
“Father suggests the circuit court could refuse to register the order under what he refers to as the “clean hands” component to the UCCJEA found in Code § 20-146.19. That code section provides in relevant part, Except as otherwise provided in § 20-146.”
Andrea S. Morrison v. Adam Morrison (Va. Ct. App. 2011).
“- 12 - component to the UCCJEA found in Code § 20-146.19. That code section provides in relevant part, Except as otherwise provided in § 20-146.”
— Va. Code Ann. § 20-146.19(C) — 2 cases
Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008).
“33(A) applies to all proceedings under the UCCJEA, as mother asserts, a separate statute would not be needed to address the award of attorney’s fees under the circumstances described in Code § 20-146.”
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.