SB913: Custody or visitation orders; filing fees.
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-69.48:5 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-69.48:5. Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases.
Except as otherwise provided, upon the initial commencement of
any case in the juvenile and domestic relations district court pursuant to
subdivision A 3 of § 16.1-241 when the custody or visitation of a child is a
subject of controversy or requires determination, there shall be a filing fee
of $25. Upon any motion filed in the juvenile and domestic relations
district court to modify a custody or visitation order, there shall be a filing
fee of $25. However, only one $25 fee shall be required for all custody and
visitation petitions or motions simultaneously initiated by a single
petitioner. Notwithstanding any other provision of law, there shall be no other
fees or costs added to this fee as a condition of filing. No case to which
this either fee is applicable shall be set for hearing by the clerk
until this such fee has been paid except on account of poverty as
provided in § 17.1-606. Fees shall be paid to the clerk in the jurisdiction in
which the petition or motion is filed.
This Such fee shall not be charged in any case
brought by an agent of the Commonwealth or of a local government entity.
When service of process is had on the respondent named in a
petition or motion for which the a filing fee established
by this section has been paid, such petition or motion may be reissued
once by changing the return day of such process, for which service there shall
be no charge; however, reissuance of such process shall be within three months
after the original return day.
In the case of an appeal filed pursuant to § 16.1-296, the clerk shall collect any applicable fees for service of process of the notice of appeal in the circuit court from the appellant prior to transmitting the case to the clerk of the circuit court. For purposes of this section, service of process in the circuit court may include service on the appellee by the sheriff or private process server or certified or registered mail, and service on the attorney for the appellee by regular mail.
SENATE BILL NO. 913
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-69.48:5 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-69.48:5. Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases.
Except as otherwise provided, upon the initial commencement of
any case in the juvenile and domestic relations district court pursuant to
subdivision A 3 of § 16.1-241 when the custody or visitation of a child is a
subject of controversy or requires determination, there shall be a filing fee
of $25. However, only one $25 fee shall be required for all custody and
visitation petitions simultaneously initiated by a single petitioner.
Notwithstanding any other provision of law, there shall be no other fees or
costs added to this fee as a condition of filing. Upon a petition
filed in the juvenile and domestic relations district court to
modify a
custody or visitation order pursuant to § 20-108,
there shall be a filing fee of $25. No case to which this
either fee is applicable shall be set for hearing by the
clerk until this such fee has been paid except
on account of poverty as provided in § 17.1-606. Fees shall be paid to the
clerk in the jurisdiction in which the petition is filed.
This Such fee shall not be charged
in any case brought by an agent of the Commonwealth or of a local government
entity.
When service of process is had on the respondent named in a
petition for which the a filing fee established by
this section has been paid, such petition may be reissued once by changing the
return day of such process, for which service there shall be no charge;
however, reissuance of such process shall be within three months after the
original return day.
In the case of an appeal filed pursuant to § 16.1-296, the clerk shall collect any applicable fees for service of process of the notice of appeal in the circuit court from the appellant prior to transmitting the case to the clerk of the circuit court. For purposes of this section, service of process in the circuit court may include service on the appellee by the sheriff or private process server or certified or registered mail, and service on the attorney for the appellee by regular mail.