HD12 - Enhanced Training for Magistrates in the Handling of Child Access or Visitation Interference Cases


Executive Summary:
In response to House Joint Resolution 229, the Office of Executive Secretary, Supreme Court of Virginia has provided additional training to magistrates on the handling of child access and visitation interference cases. On March 11-12, and March 16-19, 1996, the Technical Assistance Department presented a one half-hour seminar on Virginia Code Sections 18.2-49.1 and 18.2-47 to all magistrates at the Spring Magistrate's conference in Roanoke, Virginia. Policy set by the Committee on District Courts required each magistrate to attend this conference. Each magistrate received a copy of a handout outlining the elements of the crimes of parental abduction and violating a court order regarding custody and visitation. A copy of this handout is attached to this report.

The Technical Assistance Department provided further training on Section 18.249.1 at the June, 1996 New Legislation Review seminars. The Department held these seminars at Charlottesville, Williamsburg, Wytheville, and Fairfax. While magistrates were not required to attend these seminars, nearly all magistrates chose to participate.

The Office of Executive Secretary provides each magistrate a copy of the Magistrate Manual. This manual sets forth procedures for magistrates to follow covering the magisterial duties authorized by law. The manual also serves as a legal reference guide. Pages IV-30 through IV-34 provides instructional information to the magistrate in regards to violations of custody and visitation orders. The Department of Technical Assistance added a question concerning the violation of visitation and custody orders in the July, 1996 update to the Virginia Magistrate Manual Progress Quiz Book. Chief magistrates must periodically administer quizzes contained in this book to all newly appointed magistrates during the training required by the Code of Virginia. The Department designs these quizzes to ensure that magistrates understand the information contained in the Magistrate Manual. Additionally, newly-appointed magistrates must attend a week-long training course sponsored by the Office of Executive Secretary during the first six months of their terms. Magistrates receive information regarding correct procedures to following when confronted with a case involving a violation of a custody or visitation order.