{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/20-146.31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/20-146.31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/20-146.31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/20-146.31.html"}],"law_id":353573,"edition_id":2,"section_id":353573,"structure_id":50629,"section_number":"20-146.31","catch_line":"Hearing and order","history":"2001, c. 305; 2020, c. 900.","full_text":"A\n\nUnless the court issues a temporary emergency order pursuant to \u00a7 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:\n\n1\n\nThe child custody determination has not been registered under § 20-146.26 and that:\n\t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);\n\n\t\t\t\tb. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or\n\n\t\t\t\tc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or\n\n2\n\nThe child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).\n\nB\n\nThe court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.\n\nC\n\nIf a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.\n\nD\n\nA privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.\n\n","order_by":null,"text":{"0":{"id":1317252,"text":"Unless the court issues a temporary emergency order pursuant to \u00a7 20-146.15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1317253,"text":"The child custody determination has not been registered under § 20-146.26 and that:\n\t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);\t\t\t\tb. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or\t\t\t\tc. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7, in the proceedings before the court that issued the order for which enforcement is sought; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1317254,"text":"The child custody determination for which enforcement is sought was registered under § 20-146.26, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1317255,"text":"The court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1317256,"text":"If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":1317257,"text":"A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":50629,"edition_id":2,"name":"Enforcement","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":50626,"metadata":{"child_laws":14,"child_structures":0},"date_created":"2026-08-02 02:30:18","date_modified":"2026-08-02 12:30:53","permalink":{"id":1406315,"object_type":"structure","relational_id":50629,"identifier":"3","token":"20\/7.1\/3","url":"\/20\/7.1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50626,"edition_id":2,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":15,"parent_id":50619,"metadata":{"child_laws":38,"child_structures":4},"date_created":"2026-08-02 02:30:17","date_modified":"2026-08-02 12:30:53","permalink":{"id":1406225,"object_type":"structure","relational_id":50626,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50619,"edition_id":2,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":56,"parent_id":null,"metadata":{"child_laws":329,"child_structures":36},"date_created":"2026-08-02 02:30:08","date_modified":"2026-08-02 12:30:49","permalink":{"id":1405077,"object_type":"structure","relational_id":50619,"identifier":"20","token":"20","url":"\/20\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353563,"structure_id":50629,"section_number":"20-146.22","catch_line":"Definitions","url":"\/20-146.22\/","token":"20\/7.1\/3\/20-146.22","metadata":false},{"id":353564,"structure_id":50629,"section_number":"20-146.23","catch_line":"Enforcement under Hague Convention","url":"\/20-146.23\/","token":"20\/7.1\/3\/20-146.23","metadata":false},{"id":353565,"structure_id":50629,"section_number":"20-146.24","catch_line":"Duty to enforce","url":"\/20-146.24\/","token":"20\/7.1\/3\/20-146.24","metadata":false},{"id":353566,"structure_id":50629,"section_number":"20-146.25","catch_line":"Temporary visitation","url":"\/20-146.25\/","token":"20\/7.1\/3\/20-146.25","metadata":false},{"id":353567,"structure_id":50629,"section_number":"20-146.26","catch_line":"Registration of child custody determination","url":"\/20-146.26\/","token":"20\/7.1\/3\/20-146.26","metadata":false},{"id":353568,"structure_id":50629,"section_number":"20-146.27","catch_line":"Enforcement of registered determination","url":"\/20-146.27\/","token":"20\/7.1\/3\/20-146.27","metadata":false},{"id":353569,"structure_id":50629,"section_number":"20-146.28","catch_line":"Simultaneous proceedings","url":"\/20-146.28\/","token":"20\/7.1\/3\/20-146.28","metadata":false},{"id":353570,"structure_id":50629,"section_number":"20-146.29","catch_line":"Expedited enforcement of child custody; determination","url":"\/20-146.29\/","token":"20\/7.1\/3\/20-146.29","metadata":false},{"id":353572,"structure_id":50629,"section_number":"20-146.30","catch_line":"Service of petition and order","url":"\/20-146.30\/","token":"20\/7.1\/3\/20-146.30","metadata":false},{"id":353573,"structure_id":50629,"section_number":"20-146.31","catch_line":"Hearing and order","url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","metadata":false},{"id":353574,"structure_id":50629,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","metadata":false},{"id":353575,"structure_id":50629,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","url":"\/20-146.33\/","token":"20\/7.1\/3\/20-146.33","metadata":false},{"id":353576,"structure_id":50629,"section_number":"20-146.34","catch_line":"Recognition and enforcement","url":"\/20-146.34\/","token":"20\/7.1\/3\/20-146.34","metadata":false},{"id":353577,"structure_id":50629,"section_number":"20-146.35","catch_line":"Appeals","url":"\/20-146.35\/","token":"20\/7.1\/3\/20-146.35","metadata":false}],"previous_section":{"id":353572,"structure_id":50629,"section_number":"20-146.30","catch_line":"Service of petition and order","url":"\/20-146.30\/","token":"20\/7.1\/3\/20-146.30","metadata":false},"next_section":{"id":353574,"structure_id":50629,"section_number":"20-146.32","catch_line":"Ex parte order to take physical custody of child","url":"\/20-146.32\/","token":"20\/7.1\/3\/20-146.32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.31\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 305<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapter 900<\/a>.<\/p>","references":false,"refers_to":[{"id":353552,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","order_by":null,"url":"\/20-146.12\/"},{"id":353555,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","order_by":null,"url":"\/20-146.15\/"},{"id":353567,"section_number":"20-146.26","catch_line":"Registration of child custody determination","order_by":null,"url":"\/20-146.26\/"},{"id":353575,"section_number":"20-146.33","catch_line":"Costs, fees, and expenses","order_by":null,"url":"\/20-146.33\/"},{"id":353584,"section_number":"20-146.7","catch_line":"Notice to persons outside state","order_by":null,"url":"\/20-146.7\/"}],"permalink":{"id":1406353,"object_type":"law","relational_id":353573,"identifier":"20-146.31","token":"20\/7.1\/3\/20-146.31","url":"\/20-146.31\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/20-146.31\/","token":"20\/7.1\/3\/20-146.31","dublin_core":{"Title":"Hearing and order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Unless the court<\/span> issues<\/span> a temporary emergency order<\/span> pursuant to \u00a7 20-146.15<\/a>, upon a finding<\/span> that a petitioner<\/span> is entitled to immediate physical custody<\/span> of the child, the court<\/span> shall order<\/span> that the petitioner<\/span> may take immediate physical custody<\/span> of the child unless the respondent<\/span> establishes that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child custody<\/span> determination has not been registered under § 20-146.26<\/a> and that:\n\t\t\t\ta. The issuing court<\/span> did not have jurisdiction<\/span> under Article 2 (§ 20-146.12<\/a> et seq.);

\t\t\t\tb. The child custody<\/span> determination for which enforcement is sought has been vacated, stayed, or modified by a court<\/span> of a state having jurisdiction<\/span> to do so under Article 2 (§ 20-146.12<\/a> et seq.); or

\t\t\t\tc. The respondent<\/span> was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7<\/a>, in the proceedings before the court<\/span> that issued the order<\/span> for which enforcement is sought; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child custody<\/span> determination for which enforcement is sought was registered under § 20-146.26<\/a>, but has been vacated, stayed, or modified by a court<\/span> of a state having jurisdiction<\/span> to do so under Article 2 (§ 20-146.12<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall award the fees, costs, and expenses authorized under § 20-146.33<\/a> and may grant additional relief, including a request for the assistance of law<\/span>-enforcement officials, and set a further hearing<\/span> to determine whether additional relief is appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a party<\/span> called to testify refuses to answer on the ground that the testimony<\/span> may be self-incriminating, the court<\/span> may draw an adverse inference from the refusal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A privilege<\/span> against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING AND ORDER (\u00a7 20-146.31)\n\nA. Unless the court issues a temporary emergency order pursuant to \u00a7 20-146.15,\nupon a finding that a petitioner is entitled to immediate physical custody of\nthe child, the court shall order that the petitioner may take immediate physical\ncustody of the child unless the respondent establishes that:\n\n 1. The child custody determination has not been registered under §\n 20-146.26 and that:\n \t\t\t\ta. The issuing court did not have jurisdiction under Article 2 (§\n 20-146.12 et seq.);\t\t\t\tb. The child custody determination for which\n enforcement is sought has been vacated, stayed, or modified by a court of a\n state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.);\n or\t\t\t\tc. The respondent was entitled to notice, but notice was not given in\n accordance with the standards of § 20-146.7, in the proceedings before\n the court that issued the order for which enforcement is sought; or\n\n 2. The child custody determination for which enforcement is sought was\n registered under § 20-146.26, but has been vacated, stayed, or modified\n by a court of a state having jurisdiction to do so under Article 2 (§\n 20-146.12 et seq.).\n\nB. The court shall award the fees, costs, and expenses authorized under §\n20-146.33 and may grant additional relief, including a request for the\nassistance of law-enforcement officials, and set a further hearing to determine\nwhether additional relief is appropriate.\n\nC. If a party called to testify refuses to answer on the ground that the\ntestimony may be self-incriminating, the court may draw an adverse inference\nfrom the refusal.\n\nD. A privilege against disclosure of communications between spouses and a\ndefense of immunity based on the relationship between spouses or between parent\nand child may not be invoked in a proceeding under this article.\n\nHISTORY: 2001, c. 305; 2020, c. 900.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}