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Rule 8:3 – Contents of Petitions in Certain Proceedings

May 14, 2021 | Family Law, Virginia

(a)Proceedings for the Ordering of Services.

(1) Motion or Petition. When a party to a matter pending before the court, or a petition filed for the purpose, proposes that the court enter an order pursuant to § 16.1-278, directing that a governmental officer, employee, agency, or institution render information, assistance, services or cooperation, the petition or motion must contain:

a) The information, assistance, services, or cooperation sought;
b) The state or federal law or regulation or city, county, or town ordinance that provides for the rendering of such information, assistance, services, or cooperation sought; and
c) The officer, employee, agency, or institution to whom the order should be directed.
(2) Notice. The motion or petition prescribed in paragraph (a)(1) of this Rule must be served on the governmental officer, employee, agency, or institution in question pursuant to § 16.1-264.
(3) Hearing. The governmental officer, employee, agency, or institution against whom an order is sought is entitled to a hearing on the issues raised by the petition or motion. The hearing may be held at such time as the court deems appropriate.
(b)Proceedings for Judicial Consent to Emergency Surgical or Medical Treatment for a Juvenile. When a petition is filed for the purpose of seeking judicial consent for emergency surgical or medical treatment of a juvenile, the petition must contain:

(1) The juvenile’s name, date of birth, residence, and a statement as to whether or not the juvenile has ever been married;
(2) The names and residence of the juvenile’s parents, guardian or legal custodian;
(3) The name and residence of the nearest known relative if no parent or guardian can be found;
(4) The name and address of the physician petitioning the court for authorization of surgical or medical treatment for the juvenile;
(5) The name and address of the hospital or medical facility petitioning for authorization of surgical or medical treatment for the juvenile;
(6) A statement of the diagnosis of the juvenile’s physical condition, and the recommended medical, surgical, and nursing care; and
(7) A statement of the willingness of the physician and the hospital or medical facility to provide the necessary medical, surgical, and nursing care if judicial consent is given as requested.
(c)Proceedings for Support. Except for temporary child support orders issued pursuant to Va. Code § 16.1-279.1, when a petition is filed seeking a court order for support of a spouse or child, the petition must contain:

(1) The name and residential address of the person seeking support;
(2) The name and residential address of the person from whom support is sought;
(3) The name, date of birth, and residential address of the person or persons for whom support is sought and the relationship of that person or those persons to the respondent;
(4) A statement whether the Division of Child Support Enforcement is involved in the case;
(5) If child support is at issue, a statement whether or not the petitioner and respondent are presently or have ever been married to each other and, if not, whether paternity has ever been adjudicated;
(6) If child support is at issue, a statement whether the child’s custody has been adjudicated;
(7) If known, the name, date of birth, and social security number of each parent or spouse and, if different and if known, the name, date of birth, and social security number of the person responsible for support and, unless otherwise ordered, the residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of the employer of each such parent or responsible person;
(8) As an attachment, a copy of the most recent court order, if any, concerning support of the person for whom support is sought in this petition; and
(9) A statement whether either or both parents hold a license, certificate, registration, or other authorization to engage in a profession, trade, business, occupation or recreational activity issued by the Commonwealth and, if so, the type of authorization held.

In the case of a petition for support, if a protective order has been issued or if a party asserts that the party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk must not be required on the petition; however, the information must be provided to the court and may not be disclosed except by order of the court.

Va. Sup. Ct. 8:3

Amended by Order dated September 30, 2004, effective immediately; amended by order dated June 1, 2009, effective July 1, 2009; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.