Tools of the Trade: Child Custody Bonds

I read an interesting article on Child Custody Bonds this week.  The article, which is to be featured in the Family Advocate, the official publication of the Family Law Section of the American Bar Association, reveals the ins and outs of this insurance vehicle which, according to the article, is designed to create a financial disincentive for parents to voilate custody and visitation orders. If the order is violated by a parent, then the bond may be forfeited to the non-violating parent.

After reading the article, I researched the issue in Virginia and could find no code section specifically mentioning child custody bonds.  However, there is a provision in the code which may authorize a court to include such a bond in its custody and visitation orders.  Virginia Code Section 20-124.2(E) states that:

“E. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. (1994, c. 769; 1996, cc. 767, 879, 884; 1999, c. 574; 2003, c. 520.)”

This seems to open the door for a court to require such a bond in child custody and visitation orders.