§ 1102. Jurisdiction and venue
§ 1102. Jurisdiction and venue (a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this chapter. (b) Emergency orders under section 1104 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court. (c) Proceedings under this chapter may be commenced […]
§ 1103. Requests for relief
§ 1103. Requests for relief (a) Any family or household member may seek relief from abuse by another family or household member on behalf of himself or herself or his or her children by filing a complaint under this chapter. A minor 16 years of age or older, or a minor of any age who […]
§ 1104. Emergency relief
§ 1104. Emergency relief (a) In accordance with the Vermont Rules of Civil Procedure, temporary orders under this chapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused the plaintiff or the plaintiff’s children, or both. The plaintiff shall submit an affidavit […]
§ 1105. Service
§ 1105. Service (a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the […]
§ 1085. Registration of child custody determination
§ 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 which a person listed in subdivision (3) of this […]
§ 1086. Enforcement of registered determination
§ 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, except in accordance with subchapter 2 of this chapter, a […]
§ 1087. Simultaneous proceedings
§ 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 under subchapter 2 of this chapter, the enforcing court shall immediately communicate […]
§ 1088. Expedited enforcement of child custody determination
§ 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 order may be attached instead of the original. (b) […]
§ 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 […]