Rule 87.2 – Transfer of Action between Counties

May 15, 2021 | Delaware, Family Law

(a) Case heard where filed; exception. A petition may be filed with the Court in any county within the State. The petition will initially be referred to and heard by the Court in that county where the cause of action arose.

In any action before the Court that is begun in a county other than the one in which the respondent resides, or in a custody or child support action, where the children are located, the Court may on its own motion or on the motion of a party or counsel, transfer the matter to the Court in the county of the respondent’s residence, or in a custody or child support action, where the children are located. Certified copies of all court and social records pertaining to the action shall accompany the case on transfer.

(b) Other exceptions. A like transfer may be made if (1) the respondent moves, or in a custody action, the location of the children changes to another county during the pendency of the action, or (2) other proceedings involving the respondent are pending in the Court in another county, or (3) the disposition of the action by the Court in one county directs care or supervision of any party by the Court in another county, or (4) as otherwise directed by a judge in the original county.

Del. Fam. Ct. R. Civ. P. 87.2