Chapter 236
2010 -- H 8208 AS AMENDED
Enacted 06/25/10
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE--COURTS -- FAMILY COURT
Introduced By: Representative Nicholas A. Mattiello
Date Introduced: June 02, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 8-10-3 of the General Laws in Chapter
8-10 entitled "Family Court"
is hereby amended to read as follows:
8-10-3.
Establishment of court -- Jurisdiction -- Seal -- Oaths.
-- (a) There is hereby
established a family court, consisting of a chief judge and
eleven (11) associate justices, to hear
and determine all petitions for divorce from the bond of
marriage and from bed and board; all
motions for allowance, alimony, support and custody of children,
allowance of counsel and
witness fees, and other matters arising out of petitions and
motions relative to real and personal
property in aid thereof, including, but not limited to,
partitions, accountings, receiverships,
sequestration of assets, resulting and constructive trust,
impressions of trust, and such other
equitable matters arising out of the family relationship,
wherein jurisdiction is acquired by the
court by the filing of petitions for divorce, bed and board
and separate maintenance; all motions
for allowance for support and educational costs of
children attending high school at the time of
their eighteenth (18th) birthday and up to ninety (90) days
after high school graduation, but in no
case beyond their nineteenth (19th) birthday; enforcement
of any order or decree granting
alimony and/or child support, and/or custody and/or
visitation of any court of competent
jurisdiction of another state; modification of any order or decree
granting alimony and/or custody
and/or visitation of any court of competent jurisdiction of
another state on the ground that there
has been a change of circumstances; modification of any
order or decree granting child support of
any court of competent jurisdiction of another state
provided: (1) the order has been registered in
Island issued the order and has continuing exclusive
jurisdiction over the parties; antenuptial
agreements, property settlement agreements and all other
contracts between persons, who at the
time of execution of the contracts, were husband and wife
or planned to enter into that
relationship; complaints for support of parents and children;
those matters relating to delinquent,
wayward, dependent, neglected, or children with disabilities
who by reason of any disability
requires special education or treatment and other related
services; to hear and determine all
petitions for guardianship of any child who has been placed in
the care, custody, and control of
the department for children, youth, and families pursuant
to the provisions of chapter 1 of title 14
and chapter 11 of title 40; adoption of children under
eighteen (18) years of age; change of names
of children under the age of eighteen (18) years;
paternity of children born out of wedlock and
provision for the support and disposition of such children or
their mothers; child marriages; those
matters referred to the court in accordance with the provisions
of section 14-1-28; those matters
relating to adults who shall be involved with paternity of
children born out of wedlock;
responsibility for or contributing to the delinquency, waywardness,
or neglect of children under
sixteen (16) years of age; desertion, abandonment, or failure
to provide subsistence for any
children dependent upon such adults for support; neglect to
send any child to school as required
by law; bastardy proceedings
and custody to children in proceedings, whether or not supported by
petitions for divorce or separate maintenance or for relief
without commencement of divorce
proceedings; and appeals of administrative decisions concerning
setoff of income tax refunds for
past due child support in accordance with sections 44-30.1-5
and 40-6-21. The holding of real
estate as tenants by the entirety shall not in and of itself
preclude the family court from
partitioning real estate so held for a period of six (6) months
after the entry of final decree of
divorce.
(b) The family court
shall be a court of record and shall have a seal which shall contain
such words and devices as the court shall adopt.
(c) The judges and
clerk of the family court shall have power to administer oaths and
affirmations.
(d) The family court
shall have exclusive initial jurisdiction of all appeals from any
administrative agency or board affecting or concerning children
under the age of eighteen (18)
years and appeals of administrative decisions concerning
setoff of income tax refunds, lottery set
offs, insurance intercept, and lien enforcement provisions
for past due child support, in
accordance with sections 44-30.1-5 and 40-6-21, and appeals of
administrative agency orders of
the department of human services to withhold income under
chapter 16 of title 15.
(e) The family court
shall have jurisdiction over those civil matters relating to the
enforcement of laws regulating child care providers and child
placing agencies.
(f) The family court
shall have exclusive jurisdiction of matters relating to the revocation
or nonrenewal of a license of an obligor due to
noncompliance with a court order of support, in
accordance with chapter 11.1 of title 15.
[See section 12-1-15 of
the General Laws.]
(g) Notwithstanding
any general or public law to the contrary, the family court shall have
jurisdiction over all protective orders provided pursuant to the
either party is a juvenile.
SECTION 2. Section 11-37.2-1 of the General Laws in Chapter
11-37.2 entitled "Sexual
Assault Protective
Orders" is hereby amended to read as follows:
11-37.2-1.
Filing of complaint. -- (a) Proceedings under this
chapter shall be filed, heard
and determined in the district court of the division in
which the moving party resides except when
either party is a juvenile. Any proceedings under this chapter shall not preclude any other
available civil or criminal remedies. A party filing a
complaint under this chapter may do so
without payment of any filing fee. There shall be no minimum
residence requirements for the
bringing of an action under this chapter.
(b) Answers to the
summons and complaint shall be made within ten (10) days of service
upon the defendant and the action shall take precedence on
the calendar. If no answer is filed
within the time prescribed, judgment shall enter forthwith.
SECTION 3. This act shall take effect upon passage.
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LC02795
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