Title 15, Title 15: Domestic Relations

§ 1065. Priority If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (Added 2011, No. 29, § 1.)

§ 1066. Notice to persons outside State (a) Notice required for the exercise of jurisdiction when a person is outside Vermont may be given in a manner prescribed by the law of Vermont for service of process or by the law of the state in which the service is made. Notice shall be …

§ 1067. Appearance and limited immunity (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in Vermont for anoth…

§ 1068. Communication between courts (a) A Vermont court may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the co…

§ 1069. Taking testimony in another state (a) A party to a child custody proceeding may, in addition to other procedures available to a party, offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other m…

§ 1070. Cooperation between courts; preservation of records (a) A Vermont court may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluatio…

§ 1071. Initial child custody jurisdiction (a) Except as otherwise provided in section 1074 of this title, a Vermont court has jurisdiction to make an initial child custody determination only if: (1) Vermont is the home state of the child on the date of the commencement of the pr…

§ 1072. Exclusive; continuing jurisdiction (a) Except as otherwise provided in section 1074 of this title, a Vermont court that has made a child custody determination consistent with section 1071 or 1073 of this title has exclusive, continuing jurisdiction over the determination …

§ 1073. Jurisdiction to modify determination Except as otherwise provided in section 1074 of this title, a Vermont court may not modify a child custody determination made by a court of another state unless a Vermont court has jurisdiction to make an initial determination under su…

§ 1074. Temporary emergency jurisdiction (a) A Vermont court has temporary emergency jurisdiction if the child is present in Vermont, and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, i…

§ 1075. Notice; opportunity to be heard; joinder (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 1066 of this title shall be given to all persons entitled to notice under Vermon…

§ 1076. Simultaneous proceedings (a) Except as otherwise provided in section 1074 of this title, a Vermont court may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has bee…

§ 1077. Inconvenient forum (a) A Vermont court that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of anothe…

§ 1078. Jurisdiction declined by reason of conduct (a) Except as otherwise provided in section 1074 of this title or other Vermont law, if a Vermont court has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct,…

§ 1079. Information to be submitted to court (a) In accordance with Vermont law regarding the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give infor…

§ 1080. Appearance of parties and child (a) In a child custody proceeding in Vermont, the court may order a party to the proceeding who is in Vermont to appear before the court in person with or without the child. The court may order any person who is in Vermont and who has physi…

§ 1081. Definitions As used in this subchapter: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Responden…

§ 1082. Enforcement under Hague Convention Under this subchapter, a Vermont court may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. (Added 2011, No. 2…

§ 1083. Duty to enforce (a) A Vermont court shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeti…

§ 1084. Temporary visitation (a) A Vermont court that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child custody determin…

§ 1085. Registration of child custody determination (a) A child custody determination issued by a court of another state may be registered in Vermont, with or without a simultaneous request for enforcement, by sending to the Family Division of the Superior Court in the county in …

§ 1086. Enforcement of registered determination (a) A Vermont court may grant any relief normally available under Vermont law to enforce a registered child custody determination made by a court of another state. (b) A Vermont court shall recognize and enforce but may not modify, …

§ 1087. Simultaneous proceedings If a proceeding for enforcement under this subchapter is commenced in a Vermont court and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination und…

§ 1088. Expedited enforcement of child custody determination (a) A petition under this subchapter shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an o…

§ 1089. Hearing and order (a) Unless the court issues a temporary emergency order pursuant to section 1074 of this title, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical…

§ 1090. Warrant to take physical custody of child (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately…

§ 1091. Costs, fees, and expenses (a) The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel…

§ 1092. Recognition and enforcement, appeals (a) A Vermont court shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, sta…

§ 1093. Role of Attorney General; role of law enforcement (a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General or a State’s Attorney may take any lawful action, including resort to a…

§ 1094. Costs and expenses If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the Attorney General or State’s Attorney and law enforcement officers under section 1093 of this title. (Added 2011, No.…

§ 1095. Application and construction In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2011, No. 29, § 1.)

§ 1096. Effective date and transitional provision This chapter shall take effect July 1, 2011. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this chapter is gove…