Jurisdiction

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  • The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
    • (1) The Virgin Islands is the respondent’s home state;

    • (2) On the date the petition is filed, the Territory is a significant-connection state and:

      • (A) The respondent does not have a home state, or a court of the respondent’s home state has declined to exercise jurisdiction because this Territory is a more appropriate forum; or

      • (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Family Division makes the appointment or issues the order:

        • (i) a petition for an appointment or order is not filed in the respondent’s home state;

        • (ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and;

        • (iii) the Family Division concludes that it is an appropriate forum under the factors set forth in section 5-456;

    • (3) This Territory does not have jurisdiction under either paragraph (1) or (2), the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this Territory is the more appropriate forum, and jurisdiction in the Territory is consistent with the Revised Organic of the Virgin Islands and the Constitution of the United States; or

    • (4) The requirements for special jurisdiction under section 5-454 are met.


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