§ 1089. Hearing and order
§ 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 custody of the child unless the respondent establishes […]
§ 1090. Warrant to take physical custody of child
§ 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 likely to suffer serious physical harm or […]
§ 1091. Costs, fees, and expenses
§ 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 expenses, and child care expenses during the course of the proceedings. (b) The court […]
§ 1076. Simultaneous proceedings
§ 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 been commenced in a court of another state having jurisdiction […]
§ 1077. Inconvenient forum
§ 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 another state is a more appropriate forum. The issue […]
§ 1078. Jurisdiction declined by reason of conduct
§ 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, the court shall decline to exercise its jurisdiction unless: (1) […]
§ 1079. Information to be submitted to court
§ 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 information, if reasonably ascertainable, under oath as to the child’s present address or […]
§ 1080. Appearance of parties and child
§ 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 physical custody […]
§ 1081. Definitions
§ 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) “Respondent” means a person against whom a proceeding has been commenced […]
§ 1082. Enforcement under Hague Convention
§ 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. 29, § 1.)