Proceedings in more than one state

1. Law
2. US Virgin Islands Code
3. Virgin Islands Uniform Probate and Fiduciary Relations Code
4. Protection of Persons Under Disability and Their Property
5. Uniform Adult Guardianship and Protective Proceedings Jurisdiction
6. Jurisdiction
7. Proceedings in more than one state

• Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the Virgin Islands under section 5-544(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the Virgin Islands and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

  • (1) If the Family Division has jurisdiction under section 5-453, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5-453 before the appointment or issuance of the order.

  • (2) If the Family Division does not have jurisdiction under section 5-453, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Family Division shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Family Division shall dismiss the petition unless the court in the other state determines that the Family Division is a more appropriate forum.

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