15 V.S.A. | Title 15 — Domestic Relations

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Chapter 1 Civil Marriage

§ 1 Repealed

[Repealed]

2009, No. 3, § 12.

§ 1a Person forbidden to marry a relative

No person shall marry his or her parent, grandparent, child, grandchild, sibling, sibling’s child, or parent’s sibling.

(Added 2009, No. 3, § 3, eff. Sept. 1, 2009.)

§ 2 Repealed

[Repealed]

2009, No. 3, § 12.

§ 3 Bar though civil marriage dissolved

If the relationship in those cases mentioned in section 1 of this title is founded on a civil marriage, the prohibition shall continue in force notwithstanding the dissolution of such marriage by death or divorce, unless the divorce is for a cause that shows the marriage to have been originally unlawful or void.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 4 Civil marriage contracted while one in force

Civil marriages contracted while either party is legally married or joined in civil union to a living person other than the party to that marriage shall be void.

(Amended 1999, No. 91 (Adj. Sess.), § 24; 2009, No. 3, §§ 4, 12a, eff. Sept. 1, 2009.)

§§ 5, 6 Repealed

[Repealed]

2009, No. 3, § 12.

§ 7 Affirmance of civil marriage by decree of court

When the validity of a civil marriage is denied or doubted by either of the parties, the other party may file a libel for affirming the marriage. Upon proof of the validity thereof, it shall be declared valid by a decree of the court. Such decree shall be conclusive upon persons concerned.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 8 Marriage definition

Marriage is the legally recognized union of two people. When used in this chapter or in any other statute, the word “marriage” shall mean a civil marriage. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law.

(Added 1999, No. 91 (Adj. Sess.), § 25; 2009, No. 3, §§ 5, 12a, eff. Sept. 1, 2009.)

Chapter 3 Rights of Married Women

Subchapter 1 General Provisions

§ 61 Contracts; suits on contracts; partnership with husband

A married woman may make contracts with any person other than her husband and bind herself and her separate property in the same manner as if she were unmarried. She may sue and be sued as to all such contracts made by her, either before or during coverture, without her husband being joined in the action as plaintiff or defendant, and execution may issue against her and be levied on her sole and separate goods, chattels and estate. Irrespective of the provisions herein, a married woman may enter into a contract of general or limited business partnership in which partnership her husband is also a partner, may contract with him for such purpose and may be a partner with him.

§ 62 Woman marrying pending action to which she is party

If an unmarried woman, who is party to an action, marries during the pendency thereof, such civil marriage may be suggested upon the record. Such action shall not abate by reason of the marriage, but shall proceed to final judgment, decree, or execution in the same manner as if she had remained unmarried.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 63 Executrix, administratrix, guardian, or trustee

A married woman may be appointed executrix, administratrix, guardian, or trustee, and the marriage of a single woman shall not affect her authority to so act under a previous appointment.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 64 Sole deed

A married woman may convey or mortgage by her sole deed the real estate of which she is seized in her own right to her sole and separate use as she might do by her separate deed if unmarried. She may by her sole deed convey or mortgage and manage and control any other real estate acquired by her on or after February 13, 1919, except that a homestead interest therein and the real estate of which she is seized jointly with her husband may be conveyed or mortgaged only by the joint deed of herself and husband.

§ 65 Name on deed

When a conveyance of real estate is made by a married woman and such real estate was acquired by her under a name other than her present married name, such conveyance shall set forth both her present married name and the name under which such real estate was acquired. Such conveyance shall be indexed by a town or county clerk receiving the same for record under both her present married name and the name under which such real estate was acquired. However, a deed which fails to describe the grantor, as aforesaid, shall not impair the grantee’s title conveyed by such deed.

§ 66 Rights in personalty

All personal property and rights of action acquired by a woman before or during coverture, except by gift from her husband, shall be held to her sole and separate use. Neither a wife’s separate property nor the rents, issues, income and products of the same shall be subject to the disposal of her husband or liable for his debts. Nothing herein contained shall authorize a claim by either husband or wife against the other for personal services.

§ 67 Estates by entirety

Real estate and tangible personal property and the products thereof, held and owned by husband and wife by the entirety, are made chargeable during the lifetime of the husband for the debts contracted by him for the necessary upkeep of such property, in the same manner and to the same extent as if owned and held by him in his sole name.

§ 68 Income and monies from sale of real estate

The rents, issues, and products of the real estate of a married woman, and monies and obligations arising from the sale of such real estate, and the interest of her husband in her right in real estate that belonged to her before marriage, or that she acquires by gift, grant, devise, or inheritance during coverture, shall be exempt during coverture from attachment or levy of execution for the sole debts of her husband. However, such annual products may be attached or levied upon for a debt or liability of her husband for the necessaries for the wife and family of such husband, and for debts for labor or materials furnished upon or for the cultivation or improvement of such real estate.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 69 Liability for debts or torts of spouse

A married person shall not be liable for a debt contracted by his or her spouse before marriage, nor for the torts of his or her spouse unless committed by the person’s authority or direction.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

Subchapter 2 Wife Deserted or Living Apart from Husband

§ 101 Repealed

[Repealed]

1973, No. 201 (Adj. Sess.), § 12.

§ 102 Complaint by wife to sell real estate

When a married man is incapacitated for supporting his family, or deserts, neglects, or abandons his wife, or by ill-usage or criminal conduct gives her cause to live apart from him, or is committed to the Commissioner of Corrections, if the wife is of age, a presiding judge of the Superior Court, upon her complaint for that purpose, may authorize such wife to sell and convey her real estate, or personal property that came to the husband by reason of the civil marriage and that remains in the State undisposed of by him. Such judge may authorize a person holding money or other personal estate, to which the husband is entitled in her right, to pay or deliver the same to the wife. A married woman who is of age and lives apart from her husband and has lived apart from her husband more than one year from any cause other than her adultery, and who has real estate in her own right, may petition a presiding judge of the Superior Court for leave to sell and convey such real estate.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 103 Determination of amount contributed to property by husband; sole and separate deed of wife

If it appears to the presiding judge that such real estate was acquired by such married woman, in whole or in part, otherwise than by gift or conveyance from her husband, and otherwise than as a result of his industry, accumulations, or savings, and that her needs or comforts or the needs or comforts of her minor children require the income or proceeds of such real estate or her interest therein, the judge shall determine what amount, if any, the husband has contributed toward such property. Such judge shall authorize such married woman to sell and convey such real estate by her sole and separate deed upon payment or tender to her husband of such sum, if any, as the judge finds he has contributed to the purchase of such property, to be proportionately increased or decreased to correspond with any material change in value, found by the judge, of such property subsequent to the date of the first contribution, if any made by the husband. Such deed shall have the same effect to pass title to such property as if joined in by the husband.

§ 104 Proceedings on complaint and enforcement of orders and decrees; appeal of husband

The same proceedings shall be had on such complaint and in relation to enforcing orders and decrees as in other proceedings in the Superior Court. An appeal on the part of the husband shall not be allowed to the Supreme Court from an order or decree until he has indemnified the plaintiff for delays and costs as the judge directs.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

Subchapter 3 Life Insurance Policies

§§ 141-144 Repealed

[Repealed]

1967, No. 344 (Adj. Sess.), § 8.

Chapter 5 Desertion and Support

Subchapter 1 Uniform Desertion and Nonsupport Act

§ 201 Definitions

The word “child,” as used in this subchapter, shall mean a child who is under the age of 18 years, or is under the age of 21 years and is a student regularly attending a school, college or university or their equivalent, or is regularly attending a course of vocational or technical training designed to fit him for gainful employment, and shall include a “stepchild” under such age. The words “adult child,” as so used, shall mean a child over the age of minority.

(Amended 1971, No. 98, § 1, eff. April 22, 1971.)

§ 202 Penalty for desertion or nonsupport

A married person who, without just cause, shall desert or willfully neglect or refuse to provide for the support and maintenance of the person’s spouse and children, leaving them in destitute or necessitous circumstances or a parent who, without lawful excuse, shall desert or willfully neglect or refuse to provide for the support and maintenance of the child shall be imprisoned not more than two years or fined not more than $300.00, or both. Should a fine be imposed, the court may order the same to be paid in whole or in part to the needy spouse or to the guardian, custodian, or trustee of the child. The Office of Child Support attorneys, in addition to any other duly authorized person, may prosecute cases under this section in Vermont Superior Court.

(Amended 1973, No. 201 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § C21; 2025, No. 64, § 26, eff. June 12, 2025.)

§ 203 Institution of proceedings

Proceedings under this subchapter may be instituted by any prosecuting officer upon complaint made by the deserted married person, child, or by any other person, including a parent in proper cases, against a spouse, parent, or adult child, accused of an offense named in section 202 of this title.

(Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 201 (Adj. Sess.), § 3; 1973, No. 249 (Adj. Sess.), § 68, eff. April 9, 1974; 1987, 1973, No. 174 (Adj. Sess.), § 4.)

§ 204 Temporary orders

At any time before the trial, upon application of the complainant and upon notice to the respondent, the court, or a judge thereof in vacation, may enter such temporary order as may seem just providing for the support of the deserted spouse or child, or both, or of such parents, pendente lite, and may punish for violation of such order as for contempt.

(Amended 1973, No. 201 (Adj. Sess.), § 4.)

§ 205 Order for payment; probation; recognizance

Before the trial, with the consent of the respondent, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in section 202 of this title, or in addition thereto, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the respondent, may make an order that shall be subject to change by the court from time to time, as circumstances may require, directing the respondent to pay a certain sum periodically to the spouse or to the guardian or custodian of the child or to an organization or individual approved by the court as trustee or to a parent or his or her guardian. Such court may order the respondent released from custody and placed on probation, upon his or her entering into a recognizance, with or without surety, in such sum as the court, or a judge thereof in vacation, may order and approve. The condition of the recognizance shall be such that if the respondent shall make his or her personal appearance in court whenever ordered so to do and shall further comply with the terms of such order of support, or of any subsequent modification thereof, such recognizance shall be void, otherwise in full force and effect.

(Amended 1973, No. 201 (Adj. Sess.), § 5.)

§ 206 Proceedings on failure to comply

If the court is satisfied by information and due proof under oath that the respondent has violated the terms of such order, it may forthwith proceed with the trial of the respondent under the original charge, or sentence him or her under the original conviction or enforce the suspended sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered, in the discretion of the court, may be paid in whole or in part to the spouse or to the guardian, custodian or trustee of the child, or to a parent or his or her guardian.

(Amended 1973, No. 201 (Adj. Sess.), § 6.)

§ 207 Evidence; competency of parties as witnesses

Other evidence shall not be required to prove the civil marriage of the husband and wife, or that the respondent is the father or mother or stepfather or stepmother of the child, than is or shall be required to prove such facts in a civil action. In a prosecution under this subchapter, any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the fact of the civil marriage and the parentage of the child; provided that neither shall be compelled to give self-incriminating evidence. Proof of the desertion of the husband or wife or child in destitute circumstances or of neglect or refusal to provide for the support and maintenance of the husband, wife, or child shall be prima facie evidence that the desertion, neglect, or refusal is willful.

(Amended 1973, No. 201 (Adj. Sess.), § 7; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 208 Repealed

[Repealed]

1973, No. 201 (Adj. Sess.), § 12.

§ 209 Disposition, care, and maintenance of children

When a parent is found guilty of nonsupport or desertion of his or her child, the court may enter such order or judgment relating to the disposition, care, and maintenance of such child, either by committing the child to the Department for Children and Families or to some person or suitable institution, as shall be equitable in the premises. The court may enforce the same by execution or by any proper proceedings. The property of such parent shall not be exempt from levy and sale under execution.

(Amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 27.)

§ 210 Construction

This subchapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.

Subchapter 2 Uniform Reciprocal Enforcement of Support Act

§§ 231-269 Repealed

[Repealed]

1969, No. 191 (Adj. Sess.), § 4.

Subchapter 3 Support of Spouse and Care of Children

§ 291 When a married person deserts or fails to support his or her spouse

(a) When a married person without just cause fails to furnish suitable support for that person’s spouse, or has deserted such spouse, or when a married person, for a justifiable cause, is actually living apart from such spouse, on the complaint of either married person, or, if the deserted spouse has a mental condition or psychiatric disability, on the complaint of a guardian or next friend, the Superior Court, by its order, may prohibit either spouse from imposing restraint on the other’s personal liberty for such time as the court in such order directs, or until further order.

(b) Upon the application of the husband or wife, or of the guardian or next friend of either spouse, such court may make such orders as it deems expedient concerning the support of either spouse and the care, custody, education, and maintenance of the minor children of the parties. It may determine with which of the parents the children, or any of them, shall remain, and thereafter, from time to time, on similar application, may revise and alter such order, or make a new order or decree, as the case requires.

(c) The complaint may be brought in the county in which either of the parties resides, except that, if the complainant has left the county in which the parties have lived together, the adverse party still residing therein, the complaint shall be brought in that county.

(d) When complaint is made as provided in this section, a summons shall be issued to the other party directing him or her to cause his or her appearance therein to be entered not later than 21 days after the date of the service thereof and show cause why the prayer of the complaint should not be granted, which summons and the complaint shall be served on such party as provided by section 596 of this title.

(e) After filing such complaint the Superior Court in which the cause is pending, or a Superior judge, on application of either party, may make such order concerning the care and custody of such minor children, or the support of either spouse, during the pendency of the complaint, as is deemed expedient and for the benefit of either spouse or the children.

(f) When filed and recorded in the office of the clerk of a town, or served upon a private corporation, such order shall be a lien upon such of the real estate and personal property of the defendant in such town, and upon the stock of the defendant in such corporation as is mentioned in the order.

(g) For the purposes of this section, “children” shall include stepchildren.

(Amended 1971, No. 98, § 2, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 201 (Adj. Sess.), § 8; 2013, No. 96 (Adj. Sess.), § 66.)

§ 292 Repealed

[Repealed]

1981, No. 247 (Adj. Sess.), § 18.

§ 293 When parents live separately

(a) When parents of minor children, or parents and stepparents of minor children, whether said parents are married or unmarried, are living separately, on the complaint of either parent or stepparent or, if it is a party in interest, the Department for Children and Families, the Family Division of the Superior Court may make such decree concerning parental rights and responsibilities and parent-child contact as defined in section 664 of this title, and the support of the children, as in cases where either parent deserts or without just cause fails to support the children. Thereafter on the motion of either of the parents, the stepparent, or the Department for Children and Families, the court may annul, vary, or modify the decrees.

(b) Any legal presumption of parentage as set forth in 15C V.S.A. § 401 or an unrescinded acknowledgment of parentage signed by the parties and executed in accordance with 15C V.S.A. § 301 shall be sufficient basis for initiating a support action under this section without any further proceedings to establish parentage.

(Amended 1971, No. 98, § 3, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3 eff. April 9, 1974; 1993, No. 228 (Adj. Sess.), § 10; 1995, No. 161 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 28; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 175 (Adj. Sess.), § 13a, eff. July 1, 2024.)

§ 294 Repealed

[Repealed]

(Added 1971, No. 98, § 4, eff. April 22, 1971; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 29; repealed by 2023, No. 175 (Adj. Sess.), § 13b, eff. July 1, 2024.)

§ 295 Service of complaint

When a complaint is made under section 293 of this title, a summons shall be issued to the other party directing such person to appear not later than 21 days after the date of the service and show cause why the complaint should not be granted. The summons and complaint shall be served on the party as provided by Rule 4.0 of the Vermont Rules for Family Proceedings. After the filing of the complaint, the Superior Court in which the cause is pending, or any Superior judge, may, on application of either party make such order concerning the care and custody of the minor children during the pendency of the complaint, as is deemed expedient and for the benefit of such children.

(Amended 1971, No. 98, § 5, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 175 (Adj. Sess.), § 13c, eff. July 1, 2024.)

§ 296 Liability of stepparents

A stepparent has a duty to support a stepchild if they reside in the same household and if the financial resources of the natural or adoptive parents are insufficient to provide the child with a reasonable subsistence consistent with decency and health. The duty of a stepparent to support a stepchild under this section shall be coextensive with and enforceable according to the same terms as the duty of a natural or adoptive parent to support a natural or adoptive child including any such duty of support as exists under the common law of this State, for so long as the marital bond creating the step relationship shall continue.

(Added 1971, No. 247 (Adj. Sess.), § 2, eff. April 7, 1972; amended 1985, No. 180 (Adj. Sess.), § 12, eff. April 1, 1987.)

Subchapter 3A Parentage Proceedings

§§ 301-308 Repealed

[Repealed]

2017, No. 162 (Adj. Sess.), § 2.

Subchapter 4 Maintenance of Bastard Children

§§ 331-345 Repealed

[Repealed]

1983, No. 231 (Adj. Sess.), § 2(1), eff. May 14, 1984.

§§ 371-380 Repealed

[Repealed]

1983, No. 231 (Adj. Sess.), § 2(1), eff. May 14, 1984.

Chapter 7 Revised Uniform Reciprocal Enforcement of Support Act

§§ 385-428 Repealed

[Repealed]

1997, No. 11, § 3, eff. January 1, 1998.

Chapter 9 Adoption

§§ 431-454 Repealed

[Repealed]

1995, No. 161 (Adj. Sess.), § 7.

Chapter 10 Disclosure

§§ 460-465 Repealed

[Repealed]

1995, No. 161 (Adj. Sess.), § 7.

Chapter 11 Annulment and Divorce

Subchapter 1 Annulment

§ 511 Void civil marriages; consanguinity, affinity, or living spouse

(a) Civil marriages prohibited by law on account of consanguinity or affinity between the parties or on account of either party having a wife or husband living, if solemnized within this State, shall be void without decree of divorce or other legal process.

(b) When the validity of a civil marriage is uncertain for causes mentioned in subsection (a) of this section, either party may file a complaint to annul the same. Upon proof of the nullity of the marriage it shall be declared void by a decree of nullity.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 512 Voidable civil marriages—Grounds for annulment generally

The civil marriage contract may be annulled when, at the time of marriage, either party had not attained the age of 16 years or was physically or mentally incapable of entering into the civil marriage state or when the consent of either party was obtained by force or fraud.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 67.)

§ 513 Party under age of 16 years

A complaint to annul a civil marriage on the ground that one of the parties was under the age of 16 years may be brought by the parent or guardian entitled to the custody of such minor or by a person admitted by the court to prosecute the same as the next friend of such minor. However, such marriage shall not be annulled on the complaint of a party of legal age at the time it was contracted nor when the parties, after they attained the age of consent, freely cohabited as husband and wife.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 514 Party is mentally incapable of entering into civil marriage

(a) When a civil marriage is sought to be annulled on the ground of one of the parties’ mental incapability to enter into the civil marriage, it may be declared void on the complaint of a relative of such person at any time during the life of either of the parties.

(b) When a civil marriage is sought to be annulled on the ground of one of the parties’ mental incapability to enter into the civil marriage, on the complaint of a relative of the person, such marriage may be declared void during the continuance of such mental incapacity, or after the death of the person who is mentally incapacitated in that condition and during the lifetime of the other party to the marriage.

(c) The civil marriage of a person who is mentally incapacitated may be declared void upon the complaint of the person after restoration to health, but a decree of nullity shall not be pronounced if the parties freely cohabited as spouses after the spouse who was mentally incapacitated had restored capacity.

(d) If an action is not prosecuted by a relative, the civil marriage of a person who is mentally incapacitated may be annulled during the lifetime of both the parties to the marriage, on the complaint of a person admitted by the court to prosecute as the next friend of such person who is mentally incapacitated.

(e) The phrases “mentally incapacitated,” “incapacitated,” “mental incapacity,” “mentally incapable,” “mental incapability,” and other similar phrases as used in sections 511-514 of this title shall extend only to persons who have a severe psychiatric, cognitive, or other severe mental disability.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 68.)

§ 515 Party physically incapacitated

A suit to annul a civil marriage on the ground of the physical incapacity of one of the parties shall be maintained only by the injured party against the party whose incapacity is alleged and shall be brought within two years from the solemnization of the marriage.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 516 Force or fraud

A civil marriage may be annulled during the lifetime of the parties, or one of them, on the ground that the consent of one of the parties was obtained by force or fraud, or the threat of force, or other forms of coercion or deception on the complaint of the party whose consent was so obtained or of the parent or guardian of such party or of some relative interested to contest the validity of the marriage. When such proceedings have been commenced and the party whose consent was so obtained dies before final decree, a parent or relative interested to contest the validity of the civil marriage may enter and prosecute such complaint.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 140 (Adj. Sess.), § 1, eff. May 21, 2018.)

§ 517 Custody and maintenance of issue

If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for their education and maintenance out of the estate and property of the guilty party.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 518 Declarations of parties not sufficient proof

A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall require other satisfactory evidence of the facts on which the allegation of nullity is founded.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 519 Decree of nullity

A decree of nullity of civil marriage, if pronounced during the lifetime of the parties, shall be conclusive evidence of the invalidity of the marriage in all courts and proceedings. If such decree is pronounced after the death of either of the parties to the civil marriage, it shall be conclusive only as against the parties in the action and those claiming under them.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 520 Children of civil marriage annulled

Children of a civil marriage annulled pursuant to this subchapter shall be legitimate and shall succeed to the real and personal estate of both parents.

(Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

Subchapter 2 Divorce

§ 551 Grounds for divorce from bond of matrimony

A divorce from the bond of matrimony may be decreed:

(1) for adultery in either party;

(2) when either party is sentenced to confinement at hard labor in the State prison in this State for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the State, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions, or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel;

(3) for intolerable severity in either party;

(4) for willful desertion or when either party has been absent for seven years and not heard of during that time;

(5) on complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do;

(6) on the ground of permanent incapacity due to a mental condition or psychiatric disability of either party, as provided for in sections 631-637 of this title; or

(7) when a married person has lived apart from his or her spouse for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable.

(Amended 1969, No. 264 (Adj. Sess.), § 1; 1971, No. 39, eff. May 1, 1971; 1971, No. 238 (Adj. Sess.), § 1, eff. April 6, 1972; 1973, No. 201 (Adj. Sess.), § 9; 2013, No. 96 (Adj. Sess.), § 69.)

§ 552 Reconciliation

If one of the parties had denied under oath or affirmation that the parties have lived apart for the requisite period of time or has alleged that reconciliation is reasonably probable, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall:

(1) make a finding whether the parties have lived apart for the requisite period of time or not and whether the reconciliation of the parties to the civil marriage is reasonably probable or not; or

(2) continue the matter for further hearing not less than 30 or more than 60 days later, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the parties have lived apart for the requisite period of time or not and whether the reconciliation of the parties to the civil marriage is reasonably probable or not.

(Added 1971, No. 238 (Adj. Sess.), § 3, eff. April 6, 1972; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 553 Collusion

The term “collusion,” as used in divorce actions, shall not be construed to include conversations or negotiations of the parties carried on in good faith in an effort to resolve their marital difficulties, where the purpose or result of the conference is not to hinder or obstruct justice or to suppress evidence as to the merits of the case.

§ 554 Decrees nisi

(a) A decree of divorce from the bonds of matrimony in the first instance shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof but, in its discretion, the court that grants the divorce may fix an earlier date upon which the decree shall become absolute. If one of the parties dies prior to the expiration of the nisi period, the decree shall be deemed absolute immediately prior to death.

(b) Either party may file any post-trial motions under the Vermont Rules of Civil Procedure. The time within which any such motion shall be filed shall run from the date of entry of the decree of divorce and not from the date the nisi period expires. The court shall retain jurisdiction to hear and decide the motion after expiration of the nisi period. A decree of divorce shall constitute a civil judgment under the Vermont Rules of Civil Procedure.

(c) If the stated term at which the decree nisi was entered has adjourned when a motion is filed, the presiding judge of the stated term shall have power to hear and determine the matter and make new decree therein as fully as the court might have done in term time; but, in the judge’s discretion, the judge may strike off the decree and continue the cause to the next stated term.

(Amended 1969, No. 264 (Adj. Sess.), § 2; 1989, No. 227 (Adj. Sess.), § 1, eff. June 4, 1990; 1995, No. 94 (Adj. Sess.), § 1; 2018, No. 8 (Sp. Sess.), § 13, eff. June 28, 2018.)

§ 555 Legal separation

A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted.

(Amended 1981, No. 247 (Adj. Sess.), § 1.)

§§ 556, 557 Repealed

[Repealed]

1981, No. 247 (Adj. Sess.), § 18.

§ 558 Spouse allowed to take prior name

Upon granting a divorce, unless good cause is shown to the contrary, the court shall allow a spouse to resume the spouse’s prior name or the name of a former spouse.

(Amended 2023, No. 161 (Adj. Sess.), § 20, eff. June 6, 2024.)

§ 559 Change of children’s names

The court may change the names of the minor children of divorced parents when application for that purpose is made in the complaint for divorce.

§ 560 Remarriage

When a civil marriage is dissolved pursuant to this chapter, the parties shall be deemed single and may lawfully marry again.

(Amended 1969, No. 264 (Adj. Sess.), § 4; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 561 Repealed

[Repealed]

1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

§ 562 Recrimination

Recrimination shall not constitute a defense or a bar to a complaint for divorce.

(Added 1969, No. 264 (Adj. Sess.), § 5; amended 1971, No. 14, § 3, eff. March 11, 1971.)

§ 563 Condonation

Condonation shall not constitute a defense or a bar to a complaint for divorce.

(Added 1969, No. 264 (Adj. Sess.), § 8; amended 1971, No. 14, § 4, eff. March 11, 1971.)

Subchapter 3 Proceedings Generally

§ 591 Jurisdiction and power of courts

Superior Courts shall hear and determine complaints for divorce and for affirming or annulling the civil marriage contract and may issue process of attachment, execution, and other proper process necessary for the dispatch and final determination of such causes. The judges of the Superior Court shall be triers of questions of fact as well as of law. Their determination of questions of fact shall be final, and exceptions may be taken and questions of law heard in the Supreme Court as in other causes.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 592 Residence

(a) A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing. Temporary absence from the State because of illness, employment without the State, service as a member of the U.S. Armed Forces, or other legitimate and bona fide cause shall not affect the six months’ period or the one-year period specified in the preceding sentence, provided the person has otherwise retained residence in this State.

(b) Notwithstanding provisions to the contrary, a complaint for divorce may be filed in the Family Division of Superior Court in the county in which the marriage certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met:

(1) The marriage was established in Vermont.

(2) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce.

(3) There are no minor children who were born or adopted during the marriage.

(4) The parties file a stipulation together with a complaint that resolves all issues in the divorce action. The stipulation shall be signed by both parties and shall include the following terms:

(A) An agreement that the terms and conditions of the stipulation may be incorporated into a final order of divorce.

(B) The facts upon which the court may base a decree of divorce and that bring the matter before the court’s jurisdiction.

(i) Each party understands that if he or she wishes to litigate any issue related to the divorce before a Vermont court, one of the parties must meet the residency requirement set forth in subsection (a) of this section.

(ii) Neither party is the subject of an abuse prevention order in a proceeding between the parties.

(iii) There are no minor children who were born or adopted during the marriage.

(iv) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce.

(v) Each party has entered into the stipulation freely and voluntarily.

(vi) The parties have exchanged all financial information, including income, assets, and liabilities.

(c) The court shall waive a final hearing on any divorce action filed pursuant to subsection (b) of this section unless the court determines upon review of the complaint and stipulation that the filing is incomplete or that a hearing is warranted for the purpose of clarifying a provision of the stipulation. Final uncontested hearings in a nonresident divorce action shall be conducted by telephone unless one or both of the parties choose to appear in person.

(Amended 1981, No. 2, eff. Feb. 12, 1981; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2011, No. 92 (Adj. Sess.), § 2.)

§ 593 Place for bringing action; caption of divorce action

(a) Except as provided in subsection (b) of this section, complaints for divorce for any cause and for affirming or annulling the civil marriage contract shall be brought in the county in which the parties or one of them resides. Petitions directed to a Superior judge for temporary orders under the provisions of Vermont Rule of Civil Procedure 80(c) may be heard within or without the county where the cause is pending at a place convenient for the parties and the judge hearing the same.

(b) A complaint for divorce or dissolution of a civil union shall be brought in the county in which the marriage certificate or the civil union certificate was filed if neither of the parties resides in Vermont.

Complaint for Divorce [Annulment]-Involving: [Names of Parties]

(Amended 1995, No. 59, § 13; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2011, No. 92 (Adj. Sess.), § 3.)

§ 594 Representation and testimony of child

(a) The court may appoint an attorney to represent the interests of a minor or dependent child with respect to child support and the allocation of parental rights and responsibilities.

(b) The court shall appoint an attorney for a minor child before the minor child is called as a witness in a proceeding under this chapter. The child may only be called as a witness if the court finds after hearing that:

(1) the child’s testimony is necessary to assist the court in determining the issue before it;

(2) the probative value of the child’s testimony outweighs the potential detriment to the child; and

(3) the evidence sought is not reasonably available by any other means.

(c) The examination of the child may be conducted by the court in chambers in the presence of such other persons as the court may specify and shall be recorded by a court reporter.

(d) The court shall enter an order for costs, fees, and disbursements in favor of the child’s attorney. The order shall be made against either or both parents, except that, if the responsible party is indigent, the costs, fees, and disbursements shall be borne as provided by rule of court.

(1971, No. 238 (Adj. Sess.), § 2, eff. April 6, 1972; amended 1985, No. 181 (Adj. Sess.), § 9.)

§ 594a Temporary relief

Either party or both parties to a civil marriage may apply for temporary relief at any time following the separation of the parties to the marriage coincidental with, or subsequent to the filing of complaint for absolute divorce or legal separation. The court to which the cause is returnable, or a Superior judge, on such notice to the adverse party as the court or judge directs, may make such orders pending final hearing and further order of the court as the court would be authorized to make upon final hearing. A prompt hearing will be held, and the evidence shall be recorded by a court reporter. The court or judge shall issue an order within 14 days from the date of the hearing. Failure of the court or judge to issue an order within 14 days shall not affect the validity of any order issued after the 14-day period.

(Added 1981, No. 247 (Adj. Sess.), § 2; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 11, § 38.)

§§ 595-602 Repealed

[Repealed]

1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

§ 603 Contempt

(a) Nonfinancial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order does not relate to payment of a financial obligation, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122.

(b) Financial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order creates a financial obligation, including payment of child support, spousal maintenance, or a lump sum property settlement, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122 and the provisions set forth herein.

(c) Parties. The Office of Child Support may institute proceedings in all cases in which the Office provides services under Title IV-D of the Social Security Act to either or both parties.

(d) Notice of hearing. The person against whom the contempt proceedings are brought shall be served with a notice of a hearing ordering the person to appear at the hearing to show cause why he or she should not be held in contempt. The notice shall inform the person that failure to appear at the hearing may result in the issuance of an arrest warrant directing a law enforcement officer to transport the person to court.

(e) Rebuttable presumption of ability to comply. A person who is subject to a court-ordered financial obligation and who has received notice of such obligation shall be presumed to have the ability to comply with the order. In a contempt proceeding, the noncomplying party may overcome the presumption by demonstrating that, due to circumstances beyond his or her control, he or she did not have the ability to comply with the court-ordered obligation.

(f) Finding of contempt. A person may be held in contempt of court if the court finds all of the following:

(1) The person knew or reasonably should have known that he or she was subject to a court-ordered obligation.

(2) The person has failed to comply with the court order. If the failure to comply involves a failure to pay child support or spousal maintenance, the person who brings the action has the burden to establish the total amount of the obligation, the amount unpaid, and any unpaid surcharges or penalties.

(3) The person has willfully violated the court order in that he or she had the ability to comply with the order and failed to do so.

(g) Findings of fact. The court shall make findings of fact on the record based on the evidence presented that may include direct or circumstantial evidence.

(h) Order upon finding of contempt. Upon a finding of contempt, the court shall determine appropriate sanctions to obtain compliance with the court order. The court may order any of the following:

(1) The person to perform a work search and report the results of his or her search to the court or to the Office of Child Support, or both.

(2) The person to participate in an employment services program, which may provide referrals for employment, training, counseling, or other services, including those listed in section 658 of this title. Any report provided from such a program shall be presumed to be admissible without the appearance of a witness from the program in accordance with the provisions in 4 V.S.A. § 466(f).

(3) The person to appear before a reparative board. The person shall return to court for further orders if:

(A) the reparative board does not accept the case; or

(B) the person fails to complete the Reparative Board Program to the satisfaction of the board in a time deemed reasonable by the board.

(4) Incarceration of the person unless he or she complies with purge conditions established by the court. A court may order payment of all or a portion of the unpaid financial obligation as a purge condition, providing that the court finds that the person has the present ability to pay the amount ordered and sets a date certain for payment. If the purge conditions are not met by the date established by the court and the date set for payment is within 30 days of finding of ability to pay, the court may issue a mittimus placing the contemnor in the custody of the Commissioner of Corrections.

(A) As long as the person remains in the custody of the Commissioner of Corrections, the court shall schedule the case for a review hearing every 15 days.

(B) The Commissioner shall immediately release such a person from custody upon the contemnor’s compliance with the purge conditions ordered by the court.

(C) The Commissioner may, in his or her sole discretion, place the contemnor on home confinement furlough or work crew furlough without prior approval of the court.

(5) Orders and conditions as the court deems appropriate.

(i) Finding of present ability to pay. A finding of present ability to pay a purge condition shall be effective for up to 30 days from the date of the finding. In determining present ability to pay for purposes of imposing necessary and appropriate coercive sanctions to bring the noncomplying person into compliance and purge the contempt, the court may consider:

(1) A person’s reasonable ability to use or access available funds or other assets to make all or a portion of the amount due by a date certain set by the court.

(2) A person’s reasonable ability to obtain sufficient funds necessary to pay all or a portion of the amount due by a date certain set by the court, as demonstrated by the person’s prior payment history and ability to comply with previous contempt orders.

(Amended 1969, No. 141, § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 30; 2009, No. 146 (Adj. Sess.), § C15; 2011, No. 119 (Adj. Sess.), § 2.)

§ 604 Costs on motion to revise

Upon a motion to revise and alter a decree made by force of this chapter and sections 291-294 of this title, the court may award costs to either party as equity requires.

§ 605 Repealed

[Repealed]

1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

§ 606 Action to recover maintenance, child support, and suit money; sanction for noncompliance

(a) When a judgment or order for the payment of either temporary or permanent maintenance, child support, or suit money has been made by the Family Division of the Superior Court, and personal jurisdiction of the person liable for the payment of money under the judgment or order has been obtained, the party entitled by the terms of the judgment or order to payment thereunder, or the Office of Child Support in all cases in which the party or dependent children of the parties are the recipients of financial assistance from the Department for Children and Families, may file a motion in the Family Division of the Superior Court asking for a determination of the amount due. Upon notice to the other party and hearing thereon, the Family Division of the Superior Court shall render judgment for the amount due under the judgment or order; the court may order restitution to the Department, order that payments be made to the Office of Child Support for distribution, or make such other orders or conditions as it deems proper. The judgment shall be as binding and as enforceable in all respects as though rendered in any other civil action. Notice shall be given in such manner as the Supreme Court shall by rule provide. An additional motion may be brought at any time for further unpaid balances. The Family Division of the Superior Court in which the cause was pending at the time the original judgment or order was made shall have jurisdiction of motions under the provisions of this section, irrespective of the amount in controversy or the residence of the parties. The motions may be brought and judgment obtained on judgments, decrees, and orders previously rendered and still in force.

(b) For the purpose of enforcing child support orders under this title and Title 33, any support payment or installment shall become a judgment on the date it becomes due.

(c) An action to enforce a judgment under subsection (b) of this section may be brought no later than six years after the youngest child covered by the support order attains the age of majority or no later than six years after a child covered by subsection 659(b) of this title is no longer covered.

(d)(1) In lieu of interest on unpaid child support that has accrued under a child support order, a child support surcharge shall be imposed on past-due child support. Beginning on July 1, 2004, the surcharge shall be computed and assessed monthly at a rate of one percent or an annual rate of 12 percent and shall not be compounded. Beginning on January 1, 2012, the surcharges shall be computed and assessed monthly at a rate of one-half percent or an annual rate of six percent and shall not be compounded. All surcharges shall be deemed principal and not interest. Payments received for child support obligations shall be allocated and distributed as follows:

(A) first to current support obligations;

(B) second to arrearages; and

(2) In the interests of justice, the court may discharge all or part of a surcharge that accrued subsequent to the date of the last judgment upon a finding that since that date, the obligated parent became unable to comply with the underlying support obligation. The obligated parent shall bear the burden of proving inability to comply.

(Added 1981, No. 247 (Adj. Sess.), § 3; amended 1995, No. 59, § 7; 1997, No. 63, § 6, eff. Sept. 1, 1997; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 31; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 32, § 1.)

§ 607 Action by attorney to recover suit money

When a final order has been made providing for the payment by either party of suit money to the attorney for the opposite party or for a minor child of the parties, and service of the order has been made or accepted, the attorney may recover the suit money by a civil action on this section or by contempt proceedings brought in the attorney’s own name, either with or without the consent of the client.

(Added 1981, No. 247 (Adj. Sess.), § 4.)

§ 631 Generally

A divorce may be granted forthwith when either spouse has become permanently incapacitated due to a mental condition or psychiatric disability. A divorce shall not be granted under these provisions unless such person who is permanently incapacitated due to a mental condition or psychiatric disability shall have been duly and regularly confined in a psychiatric hospital, wherever located, for at least five years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such mental condition or psychiatric disability is permanent. No action shall be maintained under the provisions hereof unless the libelant is an actual resident of this State and shall have resided therein for two years next preceding the commencement of such action.

(Amended 2013, No. 96 (Adj. Sess.), § 70.)

§ 632 Jurisdiction; guardian ad litem for libelee with a mental incapacity

The Superior Courts of the several counties of this State shall have jurisdiction of such an action. Upon the filing by the plaintiff of a complaint, duly verified, showing that such cause of action exists, a Superior judge shall appoint some person to act as guardian ad litem of such person with a mental incapacity in such action. The complaint and summons in such action shall be served upon the defendant by delivering a copy thereof to such guardian and another to the State’s Attorney of the county in which such action is brought.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2013, No. 96 (Adj. Sess.), § 70.)

§ 633 Duty of State’s Attorney

The State’s Attorney upon whom the complaint and summons in such action shall be served shall appear for such defendant and defend the same. No divorce shall be granted unless the provisions of this section have been complied with.

§ 634 Alimony; distribution of property; care and custody of children

(a) In actions brought for the cause of mental incapacity, the courts and the judges thereof shall possess all the powers relative to the payment of alimony, the distribution of property, and the care and custody of the children of the parties, that such courts now have, or may hereafter have, in other actions for divorce.

(b) The court may make such orders for the division of property held by the parties as tenants by the entirety as may be proper.

(c) No order shall be made providing for continued support of a spouse without a mental condition or psychiatric disability from the estate of a spouse with a mental condition or psychiatric disability after the remarriage of the spouse who does not have a mental condition or a psychiatric disability.

(Amended 1987, No. 174 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 70.)

§ 635 Support of defendant

(a) At the time of granting a divorce on the grounds of a permanent mental condition or psychiatric disability or any time thereafter, on motion of either party, or of the guardian of the spouse with a mental condition or psychiatric disability, or of any other person, town, or municipality charged with the support of the spouse with a mental condition or psychiatric disability, the court may make such orders requiring support of the defendant or security for such support as may be proper.

(b) An order for the support of the party with a mental condition or psychiatric disability shall be enforceable in the same manner as orders relating to alimony.

(c) On motion of either party or of the guardian of the spouse with a mental condition or psychiatric disability, or of any person, town, or municipality charged with the support of such defendant, an order relating to such support may be reviewed and altered at any time thereafter in such manner as to the court may seem just and proper.

(Amended 2013, No. 96 (Adj. Sess.), § 70.)

§ 636 Filing certified copies of orders with court which committed party with a mental condition or psychiatric disability

If the party with a mental condition or psychiatric disability was committed by a court of competent jurisdiction, the clerk of the court shall file a certified copy of all orders entered in proceedings brought under these provisions.

(Amended 2013, No. 96 (Adj. Sess.), § 70.)

§ 637 Costs and expenses

All the costs in such action, as well as the actual expenses of the state’s attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff. Such expenses of the state’s attorney and expenses and fees of the guardian shall be fixed and allowed by the court. The court or the judge thereof may make such order relative to the payment of such fees and expenses as to the court or judge may seem proper.

Subchapter 3A Child Custody and Support

§ 650 Legislative findings and purpose

The legislature finds and declares as public policy that after parents have separated or dissolved their civil marriage, it is in the best interests of their minor child to have the opportunity for maximum continuing physical and emotional contact with both parents, unless direct physical harm or significant emotional harm to the child or a parent is likely to result from such contact. The legislature further finds and declares as public policy that parents have the responsibility to provide child support, and that child support orders should reflect the true costs of raising children and approximate insofar as possible the standard of living the child would have enjoyed had the family remained intact.

(Added 1985, No. 181 (Adj. Sess.), § 1; amended 2003, No. 159 (Adj. Sess.), § 5; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 651 Repealed

[Repealed]

1985, No. 180 (Adj. Sess.), § 14, eff. April 1, 1987.

§ 652 Repealed

[Repealed]

1985, No. 181 (Adj. Sess.), § 10.

§ 653 Definitions

As used in this subchapter:

(1) “Available income” means gross income, less:

(A) the amount of spousal support or preexisting child support obligations, including any court-ordered periodic repayment toward arrearages, actually paid;

[Subdivision (1)(B) shall apply to child support cases filed before July 1, 2010.]

(B) the actual cost to a parent of providing adequate health insurance coverage for the children who are the subject of the order;

[Subdivision (1)(B) as amended by 2009, Act No. 156 (Adj. Sess.), § E.319.2 shall apply to child support cases filed on or after July 1, 2010.]

(B) the actual cost to a parent of providing adequate health insurance coverage or a cash contribution as provided for in section 658 of this title for the children who are the subject of the order;

(C) FICA taxes (7.65 percent for regular wage earners and 15.3 percent for self-employed, or any amount subsequently set by federal law as FICA tax);

(D) State and federal income taxes, calculated as follows:

(i) for custodial parents, using the standard deduction, head of household filing status and exemptions for the parent and for each of the children who are the subject of the order (not to exceed five children), plus earned income tax credits if applicable;

(ii) for noncustodial parents, using the standard deduction, single filing status and one exemption;

(iii) for parents who share custody as defined in section 657 of this title, using the standard deduction, head of household filing status and one exemption for the parent and an equal share of the exemptions attributable to the children who are the subject of the order, plus earned income tax credits if applicable;

(E) in cases where a child is in the custody of the Department for Children and Families:

(i) the additional housing costs necessary to allow for the child’s return where the Department for Children and Families plan is for reunification with the parents;

(ii) Family Division of the Superior Court or Department for Children and Families mandated out-of-pocket expenses necessary to comply with the child’s case plan.

(2) “Child care costs” means the actual child care costs reasonably incurred by a parent on behalf of the children due to employment or employment related education. Monthly child care costs shall be calculated based on an annualized amount. Child care costs shall not include the amount of child care subsidies or child care tax credits if available.

(3) “Court” means the court with jurisdiction over a child support proceeding.

(4) “Extraordinary expenses” means any extraordinary medical or education expenses, including expenses related to the special needs of a child, incurred on behalf of involved children. Extraordinary medical expenses shall include but not be limited to uninsured annual medical expenses in excess of $200.00.

(5) “Gross income” means actual gross income of a parent.

(A) Gross income shall include:

(i) income from any source, including, but not limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and spousal support actually received. Income at the current rate for long-term U.S. Treasury Bills shall be imputed to nonincome producing assets with an aggregate fair market value of $10,000.00 or more, other than a primary residence and not more than $15,000.00 of the value of a motor vehicle;

(ii) expense reimbursements or in-kind payments received by a parent in the course of employment or self-employment or operation of a business if they reduce personal living expenses;

(iii) the potential income of a parent who is voluntarily unemployed or underemployed, unless:

(I) the parent is physically or mentally incapacitated; or

(II) the parent is attending a vocational or career technical education or CTE program related to current employment, or a job training program sponsored by the Department of Labor, the Department of Economic Development, or the Agency of Human Services; or

(III) the unemployment or underemployment of the parent is in the best interest of the child;

(iv) gross receipts minus ordinary and necessary expenses where a party is self-employed or derives income from proprietorship of a business, joint ownership of a partnership or a closely held business operation; and rents, minus ordinary and necessary expenses. In determining ordinary and necessary expenses, the court may exclude amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses. The court may also determine that other business expenses are inappropriate for determining gross income for purposes of calculating child support.

(B) Gross income shall not include the amount of money received from means tested public assistance programs, including Temporary Assistance for Needy Families, Supplemental Income, the Supplemental Nutrition Assistance Program, and General Assistance.

(6) “Parental support obligation” means the proportion of total support obligation a parent is ordered to pay in money as child support.

(7) “Self-support reserve” means the needs standard established annually, and calculated at 120 percent of the U.S. Department of Health and Human Services poverty guideline per year for a single individual.

(8) “Support guideline” means the guideline for child support established by the Secretary of Human Services under section 654 of this title.

(9) “Total support obligation” means the sum of money determined by adding:

(A) amounts derived from the support guideline appropriate to the parties’ available income;

(B) child care costs; and

(Added 1985, No. 180 (Adj. Sess.), § 1, eff. April 1, 1987; amended 1987, No. 54, § 4, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 16; 1991, No. 204 (Adj. Sess.), § 8; 1993, No. 106 (Adj. Sess.), § 16; 1995, No. 63, § 139c; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 32; 2009, No. 154 (Adj. Sess.), § 238; 2009, No. 156 (Adj. Sess.), § E.319.2; 2011, No. 119 (Adj. Sess.), § 3; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 110, eff. May 20, 2014.)

§ 654 Support guideline

The Secretary of Human Services shall prescribe by rule a guideline for child support that reflects the percent of combined available income that parents living in the same household in Vermont ordinarily spend on their children. The rule shall be based on the concept that children should receive the same proportion of parental income after separation or divorce of their parents as they would receive if their parents were living together in one household. The rule shall be based on the financial needs of Vermont children, established by such reliable data as most accurately reflect their needs. The amounts of child support determined under the guideline shall be expressed in dollars and shall be presumed to be the total support obligation of parents. The Secretary may amend the guideline from time to time as may be necessary, but not less than once every four years. The Secretary shall also prepare and make available forms suitable for calculating amounts payable under this section.

(Added 1985, No. 180 (Adj. Sess.), § 2, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 17.)

§ 655 Total child support obligation

In any proceeding to establish or modify child support, the total support obligation shall be presumed to be the amount of child support needed, from which a parental support obligation shall be calculated and ordered to be paid unless support is established under section 659 of this title. The court shall review the adequacy of a child support amount agreed to by the parties with reference to the total support obligation.

(Added 1985, No. 180 (Adj. Sess.), § 3, eff. April 1, 1987.)

§ 656 Computation of parental support obligation

(a) Except in situations where there is shared or split physical custody, the total child support obligation shall be divided between the parents in proportion to their respective available incomes and the noncustodial parent shall be ordered to pay, in money, his or her share of the total support obligation to the custodial parent. The custodial parent shall be presumed to spend his or her share directly on the child.

(b) If the noncustodial parent’s available income is less than the lowest income figure in the support guideline adopted under section 654 of this title or is less than the self-support reserve, the court shall use its discretion to determine support using the factors in section 659 of this title and shall require payment of a nominal support amount.

(c) If the noncustodial parent’s available income is greater than the self-support reserve but payment of a child support order based on application of the guideline would reduce the noncustodial parent’s income below the self-support reserve, the noncustodial parent’s share of the total support obligation shall be presumed to be the difference between the self-support reserve and his or her available income. If the noncustodial parent owes arrears to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination with the noncustodial parent’s share of the total support obligation, would reduce the noncustodial parent’s income below the self-support reserve, unless the custodial parent can show good cause why the payment of arrears should be ordered despite the fact that such an order would drop the noncustodial parent’s income below the self-support reserve. Such arrears shall remain the responsibility of the noncustodial parent and be subject to repayment at a time when the noncustodial parent’s income is above the self-support reserve.

(d) The court may use its discretion in determining child support in circumstances where combined available income exceeds the uppermost levels of the support guideline adopted under section 654 of this title.

(Added 1985, No. 180 (Adj. Sess.), § 4, eff. April 1, 1987; amended 1987, No. 54, § 5, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 18; 2003, No. 159 (Adj. Sess.), § 1.)

§ 656a Adjustment for additional dependents

(a) As used in this section, “additional dependents” means any natural and adopted children and stepchildren for whom the parent has a duty of support.

(b) In any proceeding to establish or modify child support, the total child support obligation for the children who are the subject of the support order shall be adjusted if a parent is also responsible for the support of additional dependents who are not the subject of the support order. The adjustments shall be made by calculating an amount under the guidelines to represent the support obligation for additional dependents based only upon the responsible parent’s available income, without any other adjustments. This amount shall be subtracted from that parent’s available income prior to calculating the total child support obligation based on both parents’ available income as provided in section 655 of this title.

(c) The adjustment for additional dependents shall not be made to the extent that it contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which the adjustment is sought.

(d) A motion for modification may not be dismissed or denied solely because the adjustment for additional dependents results in an increase of child support of ten percent or less if the increase without the adjustment is greater than ten percent.

(Added 1989, No. 220 (Adj. Sess.), § 19.)

§ 657 Shared or split physical custody

(a) When each parent exercises physical custody for 30 percent or more of a calendar year, the total child support obligation shall be increased by 50 percent to reflect the additional costs of maintaining two households. Each parental support obligation shall be determined by dividing the total support obligation between the parents in proportion to their respective available incomes and in proportion to the amount of time each parent exercises physical custody. The parental support obligations shall then be offset, with the parent owing the larger amount being required to pay the difference between the two amounts to the other parent.

(b) When one parent exercises physical custody for 25 percent or more but less than 30 percent of a calendar year, each parent’s respective share of the total support obligation shall be determined in accordance with a shared costs table adopted by the Agency of Human Services by rule. The shared costs table shall be developed in such a way as to minimize economic disputes over parent-child contact or visitation and shall reflect the additional costs of maintaining two households by increasing the total support obligation by 50 percent.

(c) In no event shall a parent be required to pay child support under subsection (a) or (b) of this section in an amount greater than the amount that would have been ordered under the support guidelines.

(d) For purposes of this section, “physical custody” means keeping the children overnight. The parent having custody for the greater period of time shall be considered the custodial parent for the purposes of section 661 of this title.

(e) When each parent has physical custody of at least one of the children, a theoretical support payment shall be determined for each parent for the children in the custody of the other, prorating the obligations among all children in the household. The obligations shall then be offset, with the parent owing the larger amount being required to pay the difference between the two amounts to the other parent.

(Added 1985, No. 180 (Adj. Sess.), § 5, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 20.)

§ 658 Support

(a) In an action under this chapter or under chapter 21 of this title, the court shall order either or both parents owing a duty of support to a child to pay an amount for the support of the child in accordance with the support guidelines as set forth in this subchapter, unless otherwise determined under section 659 of this title.

(b) A request for support may be made by either parent, a guardian, or the Department for Children and Families or the Department of Vermont Health Access, if a party in interest. A court may also raise the issue of support on its own motion.

(c) The court may order support to be continued until the child attains the age of majority or terminates secondary education, whichever is later.

(d) The court or magistrate may order an obligor or a parent who will become the obligor pending an anticipated child support order to participate in employment, educational, or training-related activities if the court finds that participation in such activities would assist in providing support for a child, or in addressing the causes of the default. The court may also order the parent to participate in substance abuse or other counseling if the court finds that such counseling may assist the parent to achieve stable employment. Activities ordered under this section shall be consistent with, and may be more rigorous than, any requirements of a state or federal program in which the parent is participating. For the purpose of this subsection, “employment, educational, or training-related activities” shall mean:

(1) Unsubsidized employment.

(2) Subsidized private sector employment.

(3) Subsidized public sector employment.

(4) Work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available.

(5) On-the-job training.

(6) Job search and job readiness assistance.

(7) Community service programs.

(8) Vocational educational training (not to exceed 12 months with respect to any individual).

(9) Job skills training directly related to employment.

(10) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(11) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(12) The provision of child care services to an individual who is participating in a community service program.

(13) An employment services program, which may provide referrals for employment, training, counseling, or other services. Any report provided from such a program shall be presumed to be admissible without the appearance of a witness from the program in accordance with the provisions in 4 V.S.A. § 466(f).

(e) A consent to the adoption of a child or the relinquishment of a child, for the purpose of adoption, covered by a child support order shall terminate an obligor’s duty to provide future support for the adopted child without further order of the court. Unpaid support installments accrued prior to adoption are not discharged and are subject to the jurisdiction of the court. In a case involving a child covered by a Vermont child support order, the Probate Division of the Superior Court shall also file the consent or relinquishment with the Family Division of the Superior Court in the case in which the support order was issued and shall notify the Office of Child Support of any order terminating parental rights and of the final adoption decree. Upon receipt of the consent or relinquishment, the Office of Child Support shall terminate the obligor’s duty to provide further support.

[Subsection (f) shall apply to child support cases filed before July 1, 2010.]

(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual’s contribution to the insurance or health benefit plan premium is five percent or less of the parent’s gross income. the court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent’s gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.

(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the Agency of Human Services for the child’s coverage.

[Subsection (f) as amended by 2009, Act No. 156 (Adj. Sess.), § E.319.1 shall apply to child support cases filed on or after July 1, 2010.]

(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the cost of adding the child to an existing insurance or health benefit plan or the difference between providing coverage to the individual alone and family coverage under an existing insurance or health benefit plan is five percent or less of the parent’s gross income.

(3) The court, in its discretion, may order a parent to provide a cash contribution or coverage under a public or private insurance or health benefit plan even if the cost exceeds five percent of the parent’s gross income, if the cost is deemed reasonable under the totality of the circumstances after considering the factors pursuant to section 659 of this title.

(g) [Repealed.]

(Added 1985, No. 180 (Adj. Sess.), § 6, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 21; 1993, No. 228 (Adj. Sess.), § 7; 1995, No. 59, § 5; 1995, No. 161 (Adj. Sess.), § 3; 1997, No. 63, § 7, eff. Sept. 1, 1997; 2003, No. 159 (Adj. Sess.), § 6; 2005, No. 174 (Adj. Sess.), § 33; 2005, No. 215 (Adj. Sess.), § 131; 2007, No. 118 (Adj. Sess.), § 1, eff. July 1, 2012; 2009, No. 154 (Adj. Sess.), §§ 126, 126a; 2009, No. 156 (Adj. Sess.), §§ E.319.1, I.18; 2011, No. 119 (Adj. Sess.), § 4.)

§ 659 Child support order

(a) The total support obligation shall be presumed to be the amount of child support needed. Upon request of a party, the court shall consider the following factors in respect to both parents. If, after consideration of these factors, the court finds that application of the guidelines is unfair to the child or to any of the parties, the court may adjust the amount of child support:

(1) The financial resources of the child.

(2) The financial resources of the custodial parent.

(3) The standard of living the child would have enjoyed had the marital relationship not been discontinued.

(4) The physical and emotional condition of the child.

(5) The educational needs of the child.

(6) The financial resources and needs of the noncustodial parent.

(7) Inflation.

(8) The costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent.

(9) Extraordinary travel and other travel-related expenses incurred in exercising the right to parent-child contact.

(10) Any other factors the court finds relevant.

(b) If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education.

(Added 1985, No. 180 (Adj. Sess.), § 7, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 22; 1995, No. 59, § 6.)

§ 660 Modification

(a)(1) On motion of either parent, the Office of Child Support, any other person to whom support has previously been granted, or any person previously charged with support, and upon a showing of a real, substantial and unanticipated change of circumstances, the court may annul, vary, or modify a child support order, whether or not the order is based upon a stipulation or agreement. If the child support order has not been modified by the court for at least three years, the court may waive the requirement of a showing of a real, substantial, and unanticipated change of circumstances.

(2) The Office of Child Support may independently file a motion to modify child support or change payee if providing services under Title IV-D of the Social Security Act, if a party is or will be incarcerated for more than 90 days, if the family has reunited or is living together, if the child is no longer living with the payee, or if a party receives means-tested benefits.

(b) A child support order, including an order in effect prior to adoption of the support guideline, which varies more than ten percent from the amounts required to be paid under the support guideline, shall be considered a real, substantial, and unanticipated change of circumstances.

(1) Receipt of workers’ compensation, disability benefits, or means-tested public assistance benefits.

(2) Unemployment compensation, unless the period of unemployment was considered when the child support order was established.

(3) Incarceration for more than 90 days, unless incarceration is for failure to pay child support.

(d) A motion to modify a support order under subsection (b) or (c) of this section shall be accompanied by an affidavit setting forth calculations demonstrating entitlement to modification and shall be served on other parties and filed with the court. Upon proof of service, and if the calculations demonstrate cause for modification, the magistrate shall enter an order modifying the support award in accordance with the calculations provided, unless within 15 days of service of, or receipt of, the request for modification, either party requests a hearing. The court shall conduct a hearing within 20 days of the request. No order shall be modified without a hearing if one is requested.

(e) An order may be modified only as to future support installments and installments which accrued subsequent to the date of notice of the motion to the other party or parties. The date the motion for modification is filed shall be deemed to be the date of notice to the opposing party or parties.

(f) Upon motion of the court or upon motion of the Office of Child Support, the court may deem arrears judicially unenforceable in cases where there is no longer a duty of support, provided the court finds all of the following:

(1) The obligor is presently unable to pay through no fault of his or her own.

(2) The obligor currently has no known income or has only nominal assets.

(3) There is no reasonable prospect that the obligor will be able to pay in the foreseeable future.

(g) Upon motion of an obligee or the Office of Child Support, the court may set aside a judgment that arrears are judicially unenforceable based on newly discovered evidence or a showing of a real, substantial, and unanticipated change in circumstances, provided the court finds any of the following:

(1) The obligor is presently able to pay.

(2) The obligor has income or has only nominal assets.

(3) There is a reasonable prospect that the obligor will be able to pay in the foreseeable future.

(Added 1985, No. 180 (Adj. Sess.), § 8, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 23; 1995, No. 59, § 8; 1997, No. 63, §§ 6a, 8, eff. Sept. 1, 1997; 2003, No. 159 (Adj. Sess.), § 7; 2011, No. 119 (Adj. Sess.), § 5.)

§ 661 Child support maintenance supplement

(a) A party may request a child support maintenance supplement to be paid while a child support obligation arising out of an action for support exists. After considering the respective financial circumstances of the parties, including gross income, assets, liabilities, including tax liabilities, and the obligation to pay child support, the court shall order payment of a child support maintenance supplement to the obligee to correct any disparity in the financial circumstances of the parties if the court finds that the disparity has resulted or will result in a lower standard of living for the child than the child would have if living with the noncustodial parent.

(b) Any sum awarded under this section shall be taken into consideration in making an order under section 752 of this title.

(c) On motion of either parent, a person to whom a child support maintenance supplement has previously been granted, a person previously charged with paying a child support maintenance supplement, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may annul, vary, or modify a supplement order, whether or not the order is based on a stipulation or agreement. A real, substantial, unanticipated change of circumstances shall be deemed to exist if the proportion of income of the parties varies more than 15 percent from the time the order was issued, or if either parent’s gross income changes by more than 15 percent.

(d) This section shall not apply to orders or modifications made prior to April 1, 1987.

(Added 1985, No. 180 (Adj. Sess.), § 9, eff. April 1, 1987; amended 2003, No. 159 (Adj. Sess.), § 8.)

§ 662 Income statements

(a) A party to a proceeding under this subchapter shall file an affidavit of income and assets which shall be in a form prescribed by the court administrator. A party shall provide the affidavit of income and assets to the court and the opposing party on or before the date of the case management conference scheduled or, if no conference is scheduled, at least five business days before the date of the first scheduled hearing before the magistrate. Upon request of either party, or the court, the other party shall furnish information documenting the affidavit. The court may require a party who fails to comply with this section to pay an economic penalty to the other party.

(b) If a party fails to provide information as required under subsection (a) of this section, the court shall use the available evidence to estimate the noncomplying parent’s income. Failure to provide the information required under subsection (a) of this section may create a presumption that the noncomplying parent’s gross income is 150 percent of the most recently available annual average covered wage for all employment as calculated by the Department of Labor.

(c)(1) Upon a motion filed by either party or the Office of Child Support, the court may relieve a party from a final judgment or child support order upon a showing that the income used in a default child support order was inaccurate by at least 10 percent. A showing that the court used incorrect financial information shall be considered a mistake for the purposes of Rule 60 of the Vermont Rules of Civil Procedure.

(2) The motion in subdivision (1) of this subsection shall be filed within one year of the date the contested order was issued.

(Added 1985, No. 180 (Adj. Sess.), § 10, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 24; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2011, No. 119 (Adj. Sess.), § 6.)

§ 663 Support orders; required contents

(a) Every order for child support made or modified under this chapter shall be issued in a standardized format and sent to the Registry in the Office of Child Support. The order shall include:

(1) The name, address, email address, Social Security number, and employer of both parents.

(2) The name and address of children who are the subject of the order.

(3) An annualized amount of child support.

(4) Frequency of the child support payment.

(5) Total arrearages, if any, and the periodic amount ordered for payment of arrearages.

(6) Any other information that may affect the obligation to pay child support.

(b) Child care costs shall be specifically stated in the order for the purpose of providing information on the amount of child care costs used to compute the total support obligation.

(1) include an order for immediate wage withholding or, if not subject to immediate wage withholding, include a statement that wage withholding will take effect under the expedited procedure set forth in section 782 of this title;

(2) require payments to be made to the Registry in the Office of Child Support unless subject to an exception under 33 V.S.A. § 4103;

(3) require that every party to the order must notify the Registry in writing of their current mailing address, current e-mail address, and current residence address and of any change in any address within seven business days of the change, until all obligations to pay support or support arrearages or to provide for visitation are satisfied;

(4) include in bold letters notification of remedies available under section 798 of this title; and

(5) include in bold letters notification that the parent may seek a modification of his or her support obligation if there has been a showing of a real, substantial and unanticipated change of circumstances.

(d) The parent under a medical support order shall notify his or her employer of such obligation in writing within 10 days of the date of the order. If the parent is not employed or is self-employed, the parent shall notify his or her insurer of such obligation in writing within 10 days of the date of the order. If a parent under a medical support order fails to give notice as provided in this subsection, he or she shall be liable for all health care expenses of the child subsequent to the date of the order until the order is modified by the court with respect to medical support.

(e) A child support order shall include the following language: “A PARENT OR ANY OTHER PERSON TO WHOM SUPPORT HAS BEEN GRANTED, OR ANY PERSON CHARGED WITH SUPPORT, MAY FILE A MOTION FOR A MODIFICATION OF A CHILD SUPPORT ORDER UNDER 15 V.S.A. § 660. A MODIFICATION MAY BE GRANTED UPON A REAL, SUBSTANTIAL, AND UNANTICIPATED CHANGE OF CIRCUMSTANCES, INCLUDING LOSS OF EMPLOYMENT OR A CONSIDERABLE REDUCTION OR INCREASE IN SALARY OR WAGES. AN OBLIGOR IS RESPONSIBLE FOR ANY REQUIRED PAYMENTS SET FORTH IN AN ORDER UNLESS THE ORDER IS VACATED OR MODIFIED BY A COURT. THUS, ANY SUBSEQUENT AGREEMENT BETWEEN THE PARTIES THAT DIFFERS FROM THE ORDER IS NOT LEGALLY BINDING, AND THE OBLIGOR IS STILL LEGALLY REQUIRED TO PAY THE AMOUNT ORDERED BY THE COURT.”

(Added 1985, No. 180 (Adj. Sess.), § 11, eff. April 1, 1987; amended 1989, No. 220 (Adj. Sess.), § 25; 1993, No. 231 (Adj. Sess.), § 3; 1995, No. 59, § 9; 2003, No. 159 (Adj. Sess.), § 2; 2017, No. 11, § 39; 2019, No. 154 (Adj. Sess.), § E.319, eff. October 2, 2020; 2019, No. 167 (Adj. Sess.), § 18, eff. October 7, 2020.)

§ 664 Definitions

As used in this subchapter:

(1) “Parental rights and responsibilities” means the rights and responsibilities related to a child’s physical living arrangements, education, medical and dental care, religion, travel, and any other matter involving a child’s welfare and upbringing.

(A) “Legal responsibility” means the rights and responsibilities to determine and control various matters affecting a child’s welfare and upbringing, other than routine daily care and control of the child. These matters include but are not limited to education, medical and dental care, religion and travel arrangements. Legal responsibility may be held solely or may be divided or shared.

(B) “Physical responsibility” means the rights and responsibilities to provide routine daily care and control of the child subject to the right of the other parent to have contact with the child. Physical responsibility may be held solely or may be divided or shared.

(2) “Parent child contact” means the right of a parent who does not have physical responsibility to have visitation with the child.

(Added 1985, No. 181 (Adj. Sess.), § 2; amended 2019, No. 167 (Adj. Sess.), § 19, eff. October 7, 2020.)

§ 665 Rights and responsibilities order; best interests of the child

(a) In an action under this chapter, the court shall make an order concerning parental rights and responsibilities of any minor child of the parties. The court may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent.

(b) In making an order under this section, the court shall be guided by the best interests of the child and shall consider at least the following factors:

(1) the relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection, and guidance;

(2) the ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs, and a safe environment;

(3) the ability and disposition of each parent to meet the child’s present and future developmental needs;

(4) the quality of the child’s adjustment to the child’s present housing, school, and community and the potential effect of any change;

(5) the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent;

(6) the quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development;

(7) the relationship of the child with any other person who may significantly affect the child;

(8) the ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided; and

(9) evidence of abuse, as defined in section 1101 of this title, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

(c) The court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or the financial resources of a parent.

(d) The court may order a parent who is awarded responsibility for a certain matter involving a child’s welfare to inform the other parent when a major change in that matter occurs.

(e) The jurisdiction granted by this section shall be limited by the Uniform Child Custody Jurisdiction and Enforcement Act, if another state has jurisdiction as provided in that act. For the purposes of interpreting that act and any other provision of law which refers to a custodial parent, including 13 V.S.A. § 2451, the parent with physical responsibility shall be considered the custodial parent.

(f) The State has a compelling interest in not forcing a victim of sexual assault or sexual exploitation to continue an ongoing relationship with the perpetrator of the abuse. Such continued interaction can have traumatic psychological effects on the victim, making recovery more difficult, and negatively affect the victim’s ability to parent and to provide for the best interests of the child. Additionally, the State recognizes that a perpetrator may use the threat of pursuing parental rights and responsibilities to coerce a victim into not reporting or not assisting in the prosecution of the perpetrator for the sexual assault or sexual exploitation, or to harass, intimidate, or manipulate the victim.

(1) The court may enter an order awarding sole parental rights and responsibilities to a parent and denying all parent-child contact with the other parent if the court finds by clear and convincing evidence that the nonmoving parent was convicted of sexually assaulting the moving parent and the child was conceived as a result of the sexual assault, or that the nonmoving parent was convicted of human trafficking pursuant to 13 V.S.A. § 2652, and the moving parent was the trafficked victim. As used in this subdivision, sexual assault shall include sexual assault as provided in 13 V.S.A. § 3252(a), (b), (d), and (e), aggravated sexual assault as provided in 13 V.S.A. § 3253, aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a, lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and similar offenses in other jurisdictions.

(2) The court may enter an order awarding sole parental rights and responsibilities to one parent and denying all parent-child contact between the other parent and a child if the court finds by clear and convincing evidence that the child was conceived as a result of the nonmoving parent sexually assaulting or sexually exploiting the moving parent, or that the moving parent was trafficked by the nonmoving parent pursuant to 13 V.S.A. § 2652 and the court finds by a preponderance of the evidence that such an order is in the best interests of the child. A conviction is not required under this subdivision, and the court may consider other evidence of sexual assault or sexual exploitation in making its determination. For purposes of this subdivision:

(A) sexual assault shall include sexual assault as provided in 13 V.S.A. § 3252, aggravated sexual assault as provided in 13 V.S.A. § 3253, aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a, lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and similar offenses in other jurisdictions; and

(B) sexual exploitation shall include sexual exploitation of an inmate as provided in 13 V.S.A. § 3257, sexual exploitation of a minor as provided in 13 V.S.A. § 3258, sexual abuse of a vulnerable adult as provided in 13 V.S.A. § 1379, and similar offenses in other jurisdictions.

(3) Issuance of an order pursuant to this subsection shall not affect the right of the custodial parent to seek child support from the noncustodial parent.

(4) Upon issuance of a rights and responsibilities order pursuant to this subsection, the court shall not issue a parent-child contact order and shall terminate any existing parent-child contact order concerning the child and the nonmoving parent. An order issued in accordance with this subdivision shall be permanent and shall not be subject to modification.

(Added 1985, No. 181 (Adj. Sess.), § 3; amended 1993, No. 228 (Adj. Sess.), § 6; 2011, No. 29, § 3; 2013, No. 197 (Adj. Sess.), § 1; 2017, No. 44, § 7, eff. May 23, 2017; 2017, No. 140 (Adj. Sess.), § 2, eff. May 21, 2018.)

§ 665a Conditions of parent-child contact in cases involving domestic violence

(a) If within the prior ten years, one of the parents has been convicted of domestic assault or aggravated domestic assault against the other parent, or has been found to have committed abuse against a family or household member, as defined in section 1101 of this title, the court may award parent-child contact to that parent if the court finds that adequate provision can be made for the safety of the child and the parent who is a victim of domestic violence.

(b) In a parent-child contact order issued under subsection (a) of this section, a court may:

(1) order an exchange of a child to occur in a protected setting;

(2) order parent-child contact supervised by another person or agency;

(3) order the perpetrator of domestic violence to participate in, to the satisfaction of the court, a program of intervention for perpetrators, where available, or other designated counseling as a condition of the visitation;

(4) if alcohol or drugs were involved in the domestic abuse, order the perpetrator of domestic violence to abstain from being under the influence of alcohol or controlled substances without a prescription during the visitation and for 24 hours preceding parent-child contact;

(5) order the perpetrator of domestic violence to pay a fee to defray the costs of supervised parent-child contact, provided that the perpetrator can afford to pay the fee;

(6) prohibit overnight parent-child contact;

(7) impose any other condition that is deemed necessary or appropriate to provide for the safety of the child, the victim of domestic violence, or another family or household member.

(c) Whether or not parent-child contact is allowed, the court may order the address of the child and the victim to be kept confidential.

(d) If a court allows a family or household member to supervise parent-child contact, the court shall establish conditions to be followed during parent-child contact.

(Added 2007, No. 174 (Adj. Sess.), § 13.)

§ 666 Agreements between parents

(a) Any agreement between the parents that divides or shares parental rights and responsibilities shall be presumed to be in the best interests of the child.

(b) An agreement between the parties which is a complete agreement on parental rights and responsibilities shall include provisions that address at least the following:

(1) Physical living arrangements.

(2) Parent child contact.

(3) Education of the minor child.

(4) Medical, dental, and health care.

(5) Travel arrangements.

(6) Procedures for communicating about the child’s welfare.

(7) If parental rights and responsibilities are to be shared or divided, procedures for resolving disputes. Such procedures may include but shall not be limited to mediation and binding arbitration.

(c) If the court finds that an agreement between the parents is not in the best interests of the child or if the court finds that an agreement was not reached voluntarily the court shall refuse to approve the agreement.

(Added 1985, No. 181 (Adj. Sess.), § 4.)

§ 667 Evidence

(a) Evidence of conduct of a parent not related to the factors in section 665 of this title shall only be admissible for the purposes of determining parental rights and responsibilities if it is shown that the conduct affects the parent’s relationship with the child.

(b) Reports prepared by a person qualified as an expert under the Vermont Rules of Evidence, evaluating the best interests of the child, shall be admissible for the purposes of determining parental rights and responsibilities provided that the expert is available for cross-examination.

(Added 1985, No. 181 (Adj. Sess.), § 5.)

§ 668 Modification of order

(a) On motion of either parent or any other person to whom custody or parental rights and responsibilities have previously been granted, and upon a showing of real, substantial, and unanticipated change of circumstances, the court may annul, vary, or modify an order made under this subchapter if it is in the best interests of the child, whether or not the order is based upon a stipulation or agreement.

(b) Whenever a judgment for physical responsibility is modified, the court shall order a child support modification hearing to be set and notice to be given to the parties. Unless good cause is shown to the contrary, the court shall simultaneously issue a temporary order pending the modification hearing, if adjustments to those portions of any existing child support order or wage withholding order that pertain to any child affected by the modification are necessary to ensure that support and wages are paid in amounts proportional to the modified allocation of responsibility between the parties.

(c) A final order related to parental rights and responsibilities and parent-child contact issued pursuant to subdivision 665(f)(1) of this title shall not be subject to modification. A party may file a motion for modification of an order related to parental rights and responsibilities and parent-child contact issued pursuant to subdivision 665(f)(2) of this title only upon a showing of extraordinary, real, substantial, and unanticipated change of circumstances.

(Added 1985, No. 181 (Adj. Sess.), § 6; amended 2011, No. 119 (Adj. Sess.), § 7; 2013, No. 197 (Adj. Sess.), § 2.)

§ 668a Enforcement of visitation

(a) When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent’s visitation rights.

(b) When a custodial parent refuses to honor a noncustodial parent’s visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

(c) If a custodial parent refuses to honor a noncustodial parent’s visitation rights, the court shall enforce such rights unless it finds good cause for the failure or that a modification of the visitation rights is in the best interests of the child. Unless restoration of the visitation is not in the best interests of the child, enforcement of the visitation rights shall include the restoration of the amount of visitation improperly denied. When a party files a motion for enforcement of parent-child contact under this subsection, the court shall conduct a hearing within 30 days of service of the motion.

(d) A person who violates this section may be punished by contempt of court or other remedies as the court deems appropriate, including awarding attorney’s fees and costs to the prevailing party.

(e)(1) If a custodial parent refuses to honor a noncustodial parent’s visitation rights without good cause, the court may modify the parent-child contact order if found to be in the best interests of the child. Good cause shall include:

(A) a pattern or incidence of domestic or sexual violence;

(B) a reasonable fear for the child’s or the custodial parent’s safety; or

(2) A custodial parent, upon a showing of good cause as defined in subdivision (1)(A) or (B) of this subsection, may receive an ex parte order suspending a noncustodial parent’s visitation rights until a court hearing is held. A hearing shall be held within 14 days from the issuance of the order.

(f) All parent-child contact orders issued by the family division of the superior court in connection with a divorce or parentage proceeding shall bear the following statement: “A PERSON WHO FAILS TO COMPLY WITH ALL TERMS OF THE CURRENT ORDER GOVERNING PARENT-CHILD CONTACT MAY BE SUBJECT TO CONTEMPT OF COURT CHARGES. THE COURT MAY IMPOSE ADDITIONAL REMEDIES, INCLUDING A MODIFICATION OF THE CURRENT PARENT-CHILD CONTACT ORDER IF FOUND TO BE IN THE BEST INTERESTS OF THE CHILD.”

(Added 1989, No. 220 (Adj. Sess.), § 27a; amended 1995, No. 59, § 10; 2003, No. 159 (Adj. Sess.), § 3; 2007, No. 174 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 11, § 40.)

§ 669 Guardian ad litem

In all cases involving parental rights and responsibilities the court may appoint a guardian ad litem to represent the best interests of the child.

(Added 1985, No. 181 (Adj. Sess.), § 7.)

§ 670 Access to records

Access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement, and school records shall not be denied to a parent solely because that parent has not been awarded parental rights and responsibilities. The court may order that access to all or a portion of the records or information shall be denied if access is not in the best interest of the child or if access may cause detriment to the other parent including but not limited to abuse.

(Added 1985, No. 181 (Adj. Sess.), § 8.)

Subchapter 4 Orders Pending Libel

§§ 671-675 Repealed

[Repealed]

1981, No. 247 (Adj. Sess.), § 18.

Subchapter 4A Military Parents' Rights Act

§ 681 Definitions

As used in this subchapter:

(1) “Deploy” and “deployment” mean military service in compliance with military orders received by a member of the U.S. Armed Forces, including any reserve component thereof to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty, or other active service for which the deploying parent is required to report unaccompanied by any family member. Deployment includes a period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave, or other lawful cause.

(2) “Deploying parent” means a military parent who has been notified by military leadership that he or she will deploy or mobilize with the U.S. Armed Forces, including any reserve component thereof, or who is currently deployed or mobilized with the U.S. Armed Forces, including any reserve component thereof. “Nondeploying parent” means a parent who is either not a member of the U.S. Armed Forces, including any reserve component thereof, or is a military parent who is currently not a deploying parent.

(3) “Military parent” means a natural parent, adoptive parent, or legal parent of a child under the age of 18 whose parental rights have not been terminated or transferred to the state or another person through a juvenile proceeding pursuant to 33 V.S.A. chapter 53 or guardianship pursuant to 14 V.S.A. chapter 111 by a court of competent jurisdiction, and who is a member of the U.S. Armed Forces, including any reserve component thereof.

(4) “Mobilization” and “mobilize” mean the call-up of National Guard or Reserve service members to extended active service. For purposes of this definition, “mobilization” does not include National Guard or Reserve annual training, inactive duty days, drill weekends, temporary duty, or state active duty.

(5) “State active duty” means the call-up by a governor for the performance of any military duty in state status.

(6) “Temporary duty” means the transfer of a service member to a geographic location outside Vermont for a limited period of time to accomplish training or to assist in the performance of a noncombat mission.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 682 Final order; modification

(a) If a deploying parent is required to be separated from a child as a result of deployment, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until 90 days after the deployment ends, unless such modification is agreed to by the deploying parent.

(b) Absence created by deployment or mobilization or the potential for future deployment or mobilization shall not be the sole factor supporting a real, substantial, and unanticipated change in circumstances pursuant to section 668 of this title.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 683 Temporary modification

(a) Upon motion of a deploying or nondeploying parent, the court shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization when:

(1) a military parent who has shared, sole, or primary legal or physical parental rights and responsibilities for a child or who has parent-child contact pursuant to an existing court order has received notice from military leadership that he or she will deploy or mobilize in the near future; and

(2) the deployment or mobilization would have a material effect upon his or her ability to exercise such parental rights and responsibilities or parent-child contact.

(b) Motions for modification because of deployment shall be heard by the court as expeditiously as possible, and shall be a priority for this purpose.

(c)(1) All temporary modification orders shall include a specific transition schedule to facilitate a return to the predeployment order over the shortest reasonable time period after the deployment ends, taking into consideration the child’s best interests.

(2) The temporary order shall set a date certain for the end of deployment and the start of the transition period. If deployment is extended, the temporary order shall remain in effect during the extended deployment, and the transition schedule shall take effect at the end of the extended deployment. In that case, the nondeployed parent shall notify the court of the extended deployment. Failure of the nondeployed parent to notify the court in accordance with this subdivision shall not prejudice the deployed parent’s right to return to the prior order once the temporary order expires as provided in subdivision (3) of this subsection.

(3) The temporary order shall expire upon the completion of the transition, and the prior order for parental rights and responsibilities and parent-child contact shall be in effect.

(d) Upon motion of the deploying parent, the court may delegate his or her parent-child contact rights, or a portion of them, to a family member, a person with whom the deploying parent cohabits, or another person with a close and substantial relationship to the minor child or children for the duration of the deployment, upon a finding that it is in the child’s best interests. Such delegated contact does not create separate rights to parent-child contact for a person other than a parent once the temporary order is no longer in effect.

(e) A temporary modification order issued pursuant to this section shall designate the deploying parent’s parental rights and responsibilities for and parent-child contact with a child during a period of leave granted to the deploying parent, in the best interests of the child.

(f) A temporary order issued under this section may require any of the following if the court finds that it is in the best interests of the child:

(1) The nondeploying parent shall make the child reasonably available to the deploying parent when the deploying parent has leave.

(2) The nondeploying parent shall facilitate opportunities for telephonic, electronic mail, and other such contact between the deploying parent and the child during deployment.

(3) The deploying parent shall provide timely information regarding his or her leave schedule to the nondeploying parent. Actual leave dates are subject to change with little notice due to military necessity and shall not be used by the nondeploying parent to prevent parent-child contact.

(g) A court order modifying a previous order for parental rights and responsibilities or parent-child contact because of deployment shall specify that the deployment is the basis for the order, and it shall be entered by the court as a temporary order. The order shall further require the nondeploying parent to provide the court and the deploying parent with 30 days’ advance written notice of any change of address and any change of telephone number.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 684 Emergency motion to modify; permanent modification

(a) Upon the return of the deploying parent, either parent may file a motion to modify the temporary order on the grounds that compliance with the order will result in immediate danger of irreparable harm to the child, and may request that the court issue an ex parte order. The deploying parent may file such a motion prior to his or her return. The motion shall be accompanied by an affidavit in support of the requested order. Upon a finding of irreparable harm based on the facts set forth in the affidavit, the court may issue an ex parte order modifying parental rights and responsibilities and parent-child contact. If the court issues an ex parte order, the court shall set the matter for hearing within 14 days from the issuance of the order.

(b) Nothing in this chapter shall preclude the court from hearing a motion for permanent modification of parental rights and responsibilities or parent-child contact prior to or upon return of the deploying parent. The moving party shall bear the burden of showing a real, substantial, and unanticipated change in circumstances and that resumption of the parental rights and responsibilities or parent-child order in effect before the deployment is no longer in the child’s best interests. Absence created by deployment or mobilization or the potential for future deployment or mobilization shall not be the sole factor supporting a real, substantial, and unanticipated change in circumstances pursuant to section 668 of this title.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010; amended 2017, No. 11, § 41.)

§ 685 Testimony and evidence

Upon motion of a deploying parent, provided reasonable advance notice is given and good cause shown, the court shall allow such parent to present testimony and evidence by electronic means with respect to parental rights and responsibilities or parent-child contact matters instituted under this section when the deployment of that parent has a material effect on his or her ability to appear in person at a regularly scheduled hearing. The phrase “electronic means” includes communication by telephone or video teleconference.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 686 No existing final order

(a) If there is no existing order establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization is imminent, upon an action filed under this chapter by either parent, the court shall expedite a hearing to establish temporary parental rights and responsibilities and parent-child contact to ensure the deploying parent has access to the child, to ensure disclosure of information, to grant other rights and duties set forth herein, and to provide other appropriate relief.

(b) Any initial pleading filed to establish parental rights and responsibilities for or parent-child contact with a child of a deploying parent shall be so identified at the time of filing by stating in the text of the pleading the specific facts related to deployment.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 687 Duty to cooperate and disclose information

(a) Because military necessity may preclude court adjudication before deployment, the parties shall cooperate with each other in an effort to reach a mutually agreeable resolution of parental rights and responsibilities, parent-child contact, and child support. Each party shall provide information to the other in an effort to facilitate agreement on these issues.

(b) Within 14 days of receiving notification of deployment or mobilization in the near future from his or her military leadership, the military parent shall provide written notice to the nondeploying parent of the same. If less than 14 days’ notice is received by the military parent, then notice must be given immediately upon receipt of notice to the nondeploying parent.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 688 Failure to exercise parent-child contact rights

In determining whether a parent has failed to exercise parent-child contact, the court shall not count any time periods during which the parent did not exercise such contact due to the material effect of that parent’s military duties on the contact schedule.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

§ 689 Attorney’s fees

In making determinations pursuant to this subchapter, the court may award attorney’s fees and costs based on the court’s consideration of:

(1) Unreasonable failure of either party to accommodate the other party in parental rights and responsibilities or parent-child contact matters related to a deploying parent. A parent’s refusal to accommodate the other parent shall not be considered unreasonable if the parent demonstrates a reasonable fear for his or her safety or the safety of his or her child.

(2) Unreasonable delay caused by either party in resolving parental rights and responsibilities or parent-child contact related to a deploying parent.

(3) Failure of either party to provide timely information about income and earnings information to the other party.

(4) Other factors as the court may consider appropriate and as may be required by law.

(Added 2009, No. 69 (Adj. Sess.), § 2, eff. March 3, 2010.)

Subchapter 5 Enforcement of Liens

§ 711 Sale of property

If a party in a cause instituted under the provisions of this chapter and sections 291-294 of this title shall be in default for the period of thirty days upon an order for the payment of money, made according to the provisions thereof, which shall have become a valid lien upon the real or personal property of such party or on the stock of such party in a corporation as provided in this chapter, the court before which such cause is pending, or a Superior judge, may order to be sold at public sale the real or personal property and stock upon which such lien shall exist, or such portion thereof as shall be necessary to satisfy the cost of the sale and the amount in arrears at the time of such order of sale, or so much thereof as such court or judge shall designate.

§ 712 Whole of real estate may be sold

If, in the opinion of the court or of such judge, the real estate upon which such lien exists is so constituted as to render it impracticable to divide the same, the whole of such real estate may be ordered to be sold.

§ 713 Execution

Execution signed by the clerk of such court shall issue to carry the order of sale mentioned in sections 711 and 712 of this title into effect and shall be governed by all the provisions and limitations touching executions issued on judgments so far as shall be consistent with sections 714 and 715 of this title.

§ 714 Disposition of proceeds

(a) The sheriff or constable selling such property upon such execution, after deducting his or her lawful fees, shall pay the proceeds to the clerk of such court, who shall disburse such proceeds to the petitioner or other persons entitled to the same pursuant to the terms of such order.

(b) If the terms of such order are not fully satisfied by the proceeds so disbursed, the lien upon such property or stock shall attach to the balance of such proceeds. Such proceeds shall be retained by the clerk of such court or deposited in some savings bank, trust company, or other banking institution in this State to the credit of such clerk in such manner as shall be directed in such order of sale.

(c) From time to time, out of the proceeds so deposited or held by him or her, the clerk shall thereafterwards pay to such petitioner or other persons designated in such order, such amount as, from time to time, shall become due by the terms thereof, unless the person against whom such order is made shall deposit with the clerk other funds to carry out the terms of such order.

(d) When the terms of such order have been fully and finally complied with, all of such proceeds in the hands of the clerk or deposited as shall be paid to the party against whom such order is made.

§ 715 Subsequent default

The same proceedings shall be had in case of any subsequent default after an order of sale has been made as if such prior orders of sale had not been made.

Subchapter 6 Property Settlement; Maintenance

§ 751 Property settlement

(a) Upon motion of either party to a proceeding under this chapter, the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. Title to the property, whether in the names of either or both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property.

(b) In making a property settlement, the court may consider all relevant factors, including:

(1) The length of the civil marriage.

(2) The age and health of the parties.

(3) The occupation, source, and amount of income of each of the parties.

(4) Vocational skills and employability.

(5) The contribution by one spouse to the education, training, or increased earning power of the other.

(6) The value of all property interests, liabilities, and needs of each party.

(7) Whether the property settlement is in lieu of or in addition to maintenance.

(8) The opportunity of each for future acquisition of capital assets and income. For purposes of this subdivision:

(A) The court may consider the parties’ lifestyle and decisions made during the marriage and any other competent evidence as related to their expectations of gifts or an inheritance. The court shall not speculate as to the value of an inheritance or make a finding as to its value unless there is competent evidence of such value.

(B) A party’s interest in an inheritance that has not yet vested and is capable of modification or divestment shall not be included in the marital estate.

(C) Notwithstanding any other provision of this subdivision (8), a person who is not a party to the divorce shall not be subject to any subpoena to provide documentation or to give testimony about:

(i) his or her assets, income, or net worth, unless it relates to a party’s interest in an instrument that is vested and not capable of modification or divestment; or

(ii) his or her revocable estate planning instruments, including interests that pass at death by operation of law or by contract, unless a party’s interest in an instrument is vested and not capable of modification or divestment.

(D) This subdivision (8) shall not be construed to limit the testimony given by the parties themselves or what can be obtained through discovery of the parties.

(9) The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children.

(10) The party through whom the property was acquired.

(11) The contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker.

(12) The respective merits of the parties.

(Amended 1981, No. 247 (Adj. Sess.), § 6; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 63, § 1.)

§ 752 Maintenance

(a) In an action under this chapter, the court may order either spouse to make maintenance payments, either rehabilitative or long term in nature, to the other spouse if it finds that the spouse seeking maintenance:

(1) lacks sufficient income or property, or both, including property apportioned in accordance with section 751 of this title, to provide for his or her reasonable needs; and

(2) is unable to support himself or herself through appropriate employment at the standard of living established during the civil marriage or is the custodian of a child of the parties.

(b) The maintenance order shall be in such amounts and for such periods of time as the court deems just, after considering all relevant factors, including:

(1) the financial resources of the party seeking maintenance, the property apportioned to the party, the party’s ability to meet his or her needs independently, and the extent to which a provision for support of a child living with the party contains a sum for that party as custodian;

(2) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(3) the standard of living established during the civil marriage;

(4) the duration of the civil marriage;

(5) the age and the physical and emotional condition of each spouse;

(6) the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance;

(7) inflation with relation to the cost of living;

(8) the impact of both parties reaching the age of eligibility to receive full retirement benefits under Title II of the federal Social Security Act or the parties’ actual retirement, including any expected discrepancies in federal Social Security Retirement benefits; and

(9) the following guidelines:

Length of marriage	% of the difference	Duration of alimony award
	between parties’	as % length of marriage
	gross incomes
0 to <5 years	0-16%	No alimony
		or short-term alimony
		up to one year
5 to <10 years	12-29%	20-50% (1-5 yrs)
10 to <15 years	16-33%	40-60% (4-9 yrs)
15 to <20 years	20-37%	40-70% (6-14 yrs)
20+ years	24-41%	45% (9-20+ yrs)

(Amended 1981, No. 247 (Adj. Sess.), § 7; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 60, § 2, eff. June 5, 2017; 2019, No. 40, § 6; 2019, No. 131 (Adj. Sess.), § 300.)

§ 753 Conveyance of realty after legal separation

In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply.

(Amended 1981, No. 247 (Adj. Sess.), § 8.)

§ 754 Judgment effective to convey real estate

A certified copy of the judgment, or relevant parts thereof, when recorded in the land records of the town in which real estate of the parties is located, shall be effective to convey or encumber the real estate in accordance with the terms of the judgment, as if the judgment were a deed. A property transfer return shall be filed with the judgment, but the transfer shall be exempt from the taxes imposed by chapters 231 and 236 of Title 32 to the extent of the property interests conveyed to either of the parties.

(Amended 1973, No. 201 (Adj. Sess.), § 10; 1981, No. 247 (Adj. Sess.), § 9.)

§ 755 Judge out of office may sign judgment for maintenance

After the expiration of his or her term of office, a judge of the Superior Court may sign a judgment for maintenance as of the date when made.

(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 247 (Adj. Sess.), § 10.)

§ 756 Court may order money paid to trustees

When part of the estate of either spouse, or money in lieu thereof, is awarded to the spouse having custody, as provided in this subchapter and sections 291, 293, and 294 of this title, instead of ordering the same to be delivered or paid into the hands of the custodial spouse, the court may order it delivered or paid to one or more trustees appointed by the court. The trustees shall invest the same and apply the income thereof to the support and maintenance of the custodial spouse and minor children of the civil marriage or any of them, in such manner as the court directs, and shall pay over the principal to the custodial spouse and children in such proportions and at such times as shall be ordered by the court. In the disposition of the income and of the principal, regard shall be had to the situation and circumstances of the custodial spouse and children, and the trustees shall give such bonds as the court requires for the faithful performance of their trust.

(Amended 1981, No. 247 (Adj. Sess.), § 11; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 757 Security for payment

When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment.

(Amended 1981, No. 247 (Adj. Sess.), § 12.)

§ 758 Revision of judgment relating to maintenance

On motion of either party and due notice, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may from time to time annul, vary or modify a judgment relative to maintenance, whether or not such judgment relative to maintenance is based upon a stipulation or an agreement.

(Amended 1971, No. 185 (Adj. Sess.), § 181, eff. March 29, 1972; 1981, No. 247 (Adj. Sess.), § 13.)

§ 759 Repealed

[Repealed]

1973, No. 201 (Adj. Sess.), § 12.

§§ 760-761 Repealed

[Repealed]

1981, No. 247 (Adj. Sess.), § 18.

§ 762 Insurance benefits

In a proceeding under this chapter, the court may assign insurance benefits to a spouse or children, and may require the spouse who is required to make the assignment to execute a blanket assignment giving notice of the assignment to the provider of the insurance benefits.

(Added 1981, No. 247 (Adj. Sess.), § 14.)

Subchapter 7 Child Support Enforcement

§ 780 Definitions

As used in this chapter:

(1) “Court” means the court with jurisdiction over the proceeding.

(2) “Employer” means any employer or payor of wages of any type to the obligor.

(3) “Obligee” means the person found to be legally entitled to receive support or any person to whom the obligee has assigned or authorized all rights of collection.

(4) “Obligor” means the person required to pay support under a support order.

(5) “Registry” means the registry established in 33 V.S.A. § 4103.

(6) “Support” means periodic payments ordered for the support of dependent children or, for the purposes of sections 783-790 of this title only, a spouse. Support includes periodic amounts to be applied toward unpaid arrearages.

(7) “Support order” means any judgment, order, or contract for support enforceable in this State, including orders issued pursuant to:

(A) Chapters 5 (relating to desertion and support) and 11 (relating to annulment and divorce) of this title;

(B) 15B V.S.A. chapters 1–19 (relating to Uniform Interstate Family Support Act); and

(8) “Wage withholding order” means a transfer from the obligor to the obligee of the right to receive a portion of the obligor’s wages directly from the obligor’s employer.

(9) “Wages” means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs, workers’ compensation, or insurance policies of any type.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 5; 1989, No. 220 (Adj. Sess.), § 2; 2023, No. 175 (Adj. Sess.), § 13d, eff. July 1, 2024.)

§ 781 Withholding wages upon issuance or modification of support order after July 1, 1990

All orders for child support made or modified on or after July 1, 1990 shall include an order for immediate wage withholding in an amount equal to the support obligation and any obligation to pay support arrearages, unless the court finds good cause not to order immediate wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order. In determining good cause, the court may consider a history of financial responsibility toward the family and the absence of any threat by the obligor to withhold financial support from the family.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 6; 1989, No. 220 (Adj. Sess.), § 3; 1997, No. 63, § 9, eff. Sept. 1, 1997.)

§ 782 Expedited procedure for wage withholding

(a) In the case of an order for child support made or modified after July 1, 1990 that does not include an order for immediate wage withholding, an obligee may request a wage withholding order when any amount due under the order has not been paid within seven business days after the amount is due. The obligor may request wage withholding at any time. The petition for wage withholding shall set forth:

(1) the amount of support arrearages, if any;

(2) the terms of the support order;

(3) the periodic amount to be withheld for support and arrearages; and

(4) a statement that the obligor may object to wage withholding on the basis of an error in the amount of current support or arrearages or an error in identity, at a hearing to be held within 14 days of the date the petition is filed.

(b) The petition shall be served upon the other party or parties as provided in section 783 of this title.

(c) The court shall set the date for the hearing and notify the parties of the place, date, and time. The hearing shall be held within 14 days of the date the petition is filed.

(d) The court shall enter a judgment for wage withholding under any one of the following circumstances:

(1) The obligor does not appear at the hearing without good cause.

(2) The obligor has requested the wage withholding order.

(3) The court finds after hearing that any amount due under a support order has not been paid within seven business days after the amount is due.

(e) In all cases the court shall issue an order for wage withholding, if any, within 15 days of notice sent to the responding party.

(f) Notwithstanding the provisions of this section to the contrary, the Office of Child Support may notify an employer to initiate wage withholding without obtaining a modification of the court order if any amount due under the order has accumulated to one-twelfth of the annualized amount of child support after:

(1) verifying the arrears based on a sworn statement of the obligee or, if the Office of Child Support has maintained the financial records, an employee familiar with the financial records; and

(2) notifying the obligor of the withholding pursuant to subsection 783(b) of this title and giving the obligor an opportunity to object and request a hearing in Family Division of the Superior Court to contest the withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 7; 1987, No. 54, § 1, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 3a; 1997, No. 63, § 10, eff. Sept. 1, 1997; 2009, No. 154, § 238; 2017, No. 11, § 42.)

§ 783 Wage withholding; notice and hearing

(a) In the case of a child support order issued prior to July 1, 1990 or a spousal support order, an obligee may request a wage withholding order when any amount due under a support order has not been paid within seven business days after the amount is due. The obligor may request wage withholding at any time. The petition for wage withholding shall set forth:

(1) the amount of support arrearages, if any;

(2) the terms of the support order;

(3) the periodic amount to be withheld for support and arrearages;

(4) a statement that the obligor may object to wage withholding on the basis of an error in the amount of current support or arrearages or an error in identity, by filing the objection with the court within 20 days of receiving the petition under this subsection;

(5) a statement that an obligor may move for modification of the support order because of a real, substantial and unanticipated change of circumstances, which includes a difference of 10 percent or more between the child support order and the amount required to be paid under the support guidelines.

(b) The petition shall be served by the court or the Office of Child Support by personal service or by mailing to the obligor, at one or more of the addresses supplied by the obligor, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner. If acceptance of service is refused, the court or the Office of Child Support may serve the obligor by sending the petition to the obligor by ordinary first class mail and by certifying that such service has been made. In the alternative, the court or the Office of Child Support may provide for mail service as provided in V.R.C.P. 4(e).

(c) If the obligor does not file an objection to wage withholding within 20 days of receiving the petition sent pursuant to subsection (a) of this section or if the obligor has requested the wage withholding order, the court shall enter a judgment for wage withholding as stated in the petition without requiring a hearing or additional motions or additional affidavits, and shall send copies to the parties.

(d) If the obligor files an objection, the matter shall be set for hearing within 20 days of receipt of the objection.

(e) The court shall order wage withholding if the obligor has requested wage withholding or if any amount due under a support order has not been paid within seven business days after the amount is due. In all cases the court shall issue a wage withholding order, if any, within 45 days of notice sent to the responding party.

(f) If a petition for wage withholding and a motion for modification are filed in connection with the same order, the court shall hear the matters at the same time if it is possible to do so within the time limits established by this section.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 8; 1987, No. 54, § 2, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 4; 1997, No. 63, § 11, eff. Sept. 1, 1997; 2017, No. 11, § 43.)

§ 784 Repealed

[Repealed]

1985, No. 63 § 22(1).

§ 785 Wage withholding orders

(a) A wage withholding order shall set forth:

(1) the annualized amount of child support;

(2) frequency of the child support payment;

(3) judgment for support arrearages, if any;

(4) provisions for periodic repayment of arrearages;

(5) appropriate reduction and termination dates.

(b) A wage withholding order shall require an employer to withhold a periodic amount of child support up to the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)). All wage withholdings shall be made payable to the Registry.

(c) The court shall file a wage withholding order with the Registry. Within seven business days of receipt of the order, the Registry shall provide the obligor’s employer with notice of withholding by first class mail and send a copy of the notice and the order to the obligor and the obligee.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 9; 1987, No. 54, § 3, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 5; 2017, No. 11, § 44.)

§ 786 Obligee’s responsibility

(a) The obligee shall notify the registry and the obligor of any event that would affect the amount of support to be withheld under the order. Any person who has assigned or authorized all rights of collection shall notify the assignee of any event that would affect the amount of support to be withheld under the order. Notice shall be in writing, mailed or delivered within seven days of any such event.

(b) Any amounts received by the obligee in excess of the amounts required to be withheld under any wage withholding order shall be paid by the obligee to the registry within seven days of receipt.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 10; 1989, No. 220 (Adj. Sess.), § 6.)

§ 787 Employer’s responsibility; compensation

(a) Upon receipt of notice of wage withholding under this chapter or under a similar law of another state, an employer shall:

(1) withhold from the wages paid to the obligor the periodic support amount specified in the order for each wage period;

(2) within seven working days after wages are withheld, forward the withheld wages to the registry and specify the date the support was withheld from wages;

(3) retain a record of all withheld wages;

(4) cease withholding wages upon notice from the court or the registry; and

(5) notify the registry within 10 days of the date the obligor’s employment is terminated.

(b) In addition to the amounts withheld pursuant to this subchapter, the employer may retain not more than $5.00 per month from the obligor’s wages as compensation for administrative costs incurred.

(c)(1) Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the obligor, whichever is later, shall be liable to the obligee in the amount of the wages required to be withheld.

(2) No employer who withholds wages from the obligor shall, without good cause, fail to forward payment to the registry for more than 30 days. An employer who violates this subdivision shall be assessed a civil penalty of not more than $100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation.

(3) A proceeding pursuant to this section shall be heard by the Family Division of the Superior Court.

(d) The employer may combine amounts withheld from the wages of more than one employee in a single payment to the registry, listing separately the amount of the payment that is attributable to each individual employee.

(e) An employer shall only withhold wages from the nonexempt portion of the obligor’s wages as defined under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(f) An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.

(g) On request of the Office of Child Support, the employer shall furnish the Social Security number and the amount of wages of any employee.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 11; 1989, No. 220 (Adj. Sess.), § 7; 2003, No. 159 (Adj. Sess.), § 9, eff. Sept. 1, 2004; 2009, No. 154 (Adj. Sess.), § 238.)

§ 788 Parent’s responsibility

(a) Any parent subject to a child support or parental rights and responsibilities order shall notify in writing the court that issued the most recent order and the Office of Child Support of the parent’s current mailing address and current residence address and of any change in either address within seven business days after the change, until all obligations to pay support or support arrearages, or to provide for parental rights and responsibilities are satisfied. For good cause, the court may keep information provided under this subsection confidential.

(b) When a wage withholding order is in effect, either parent shall notify in writing the registry of the name and address of a new employer within seven days after commencing new employment. If the Registry has received information that a parent has changed employment, it shall notify the other parent of the fact of the change but shall not disclose the identity or the location of the employer. On request of a parent, the Registry shall provide information on the other parent’s wages.

(c)(1) In all cases in which a temporary or final order for relief from abuse has been entered, information provided under this section shall be kept confidential by the court. The court, for good cause shown, may release such information.

(2) For purposes of this subsection, good cause shall be deemed established when:

(A) a party to the relief from the abuse order consents to the release of the party’s own information, in which case the court may release that party’s information; or

(B) the temporary or final order for relief from abuse is no longer in effect.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 12; 1989, No. 220 (Adj. Sess.), § 8; 1997, No. 63, § 12, eff. Sept. 1, 1997; 2017, No. 11, § 45; 2023, No. 161 (Adj. Sess.), § 21, eff. June 6, 2024.)

§ 789 Wage withholding exemptions; priorities and limitations

(a) A wage withholding order for a current support obligation or an obligation to pay support arrearages shall not be subject to Rule 4.2(j) of the Vermont Rules of Civil Procedure or 12 V.S.A. §§ 3167, 3169, 3170(a), (b) and (d). It shall be subject to section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(b) A wage withholding order under this chapter shall have priority over other legal process against the same wages and shall be at least in the amount of the current support order. A wage withholding order for a current support obligation shall have priority over periodic payments to be applied to unpaid support arrearages, but shall not preclude withholding for both. No withholding for an arrearage may occur unless there is available income which is not exempt under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(c) Wage withholding shall cease upon the termination of the obligation to pay current support or upon the repayment of all arrearages, whichever is later.

(d) If wage withholding is sought for repayment of outstanding arrearages in addition to support previously ordered, the additional amounts withheld for repayment shall not exceed twenty-five percent of the obligor’s support obligation existing at the time of issuance of the wage withholding order.

(e) If arrearages exist after termination of the obligation to pay support, the amount withheld shall not be reduced until all arrearages are paid in full.

(f) If an obligor’s outstanding arrearage increases by one-twelfth of the annual obligation, the Office of Child Support may notify an employer to withhold an additional amount for repayment of any outstanding arrearage that has accumulated since the issuance of the most recent court order. The total wage withholding for arrearages shall not exceed 25 percent of the obligor’s support obligation unless an additional amount is requested by the obligor.

(g) The Office of Child Support shall not notify an employer to withhold an additional amount under subsection (f) of this section without first notifying the obligor of its intention to do so at the obligor’s last known address as provided pursuant to subsection 783(b) of this title and giving the obligor 20 days to contest the withholding pursuant to 33 V.S.A. § 4108 on the grounds the increase would be improper due to a mistake of fact.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 13; 1989, No. 220 (Adj. Sess.), § 9; 1997, No. 63, § 13, eff. Sept. 1, 1997.)

§ 790 Employee protected; penalty

(a) No employee may be discharged from employment or subjected to disciplinary action on account of a wage withholding order issued to an employer against earnings. Any employee discharged or subjected to disciplinary action in violation of this section may bring an action in superior court for reinstatement of employment, back wages and damages and, if that employee prevails, the court shall award costs and may award reasonable attorney’s fees to the employee.

(b) An employer who discharges or subjects an employee to disciplinary action in violation of this section shall be subject to a fine of $100.00.

(Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 14; 1989, No. 220 (Adj. Sess.), § 10.)

§ 791 Arrearage judgment lien

(a)(1) A judgment issued by the court for support arrearages in excess of one-twelfth of the annualized amount of support shall constitute an arrearage judgment lien, if properly recorded under this section. The court shall also issue an order that payment of support shall be made through the Registry.

(2) If payments are being made through the Registry, a sworn affidavit of the Office of Child Support, establishing an arrearage in excess of one-quarter of the annualized amount of support attached to the underlying court order shall constitute an arrearage lien, if properly recorded under this section.

(3) Before filing a lien provided for in subdivision (2) of this subsection, the Office of Child Support shall serve the obligor pursuant to subsection 783(b) of this title with notice of the amount of the past due child support, the consequences of the filing of the lien, and the procedure for contesting the arrearage and challenging the lien pursuant to 33 V.S.A. § 4108. If the obligor does not contest the notice of lien within 20 days of service, the Office may record the lien under this section. For the purposes of this section, such a lien shall be considered an arrearage judgment lien.

(4) A copy of any document recorded under this subsection shall be sent to the parties by certified mail.

(b) An arrearage judgment lien shall be recorded in accordance with 12 V.S.A. § 2904 with the clerk in any town where real property owned by the obligor may be found, or in the case of personal property in the proper place for recording a security interest under Title 9A, article 9. The judgment shall become a lien for the amount of support arrearages at the time the judgment is issued and any arrearages that accrue after that time and until the lien is released. The judgment shall not become a lien for any sum or sums prior to the date they severally become due and payable.

(c) Within 10 days of the request of the obligor, the Office of Child Support shall issue a certificate of release of an arrearage judgment lien if:

(1) liability for the amount due has been satisfied or has become enforceable by reason of lapse of time; or

(2) the interest of the obligee in the property has no value.

(d) If the Office of Child Support does not issue a release of lien within 10 days or if there is a disagreement over the amount of arrearages, the obligor may request the court to determine the amount of arrearages or to issue a release of lien, or both. The court shall schedule a hearing to be held within 14 days of the request. The court may issue a release of lien without requiring the obligor to satisfy his or her liability for the total amount due if it finds that justice so requires.

(e) A certificate of release of lien applicable to real property and issued by the Office of Child Support or the court shall be in substantially the following form:

I hereby certify that the judgment for child support arrearages is paid in full and that the lien recorded in book ____ , page ____ of the land records of the town of _________ is satisfied. A certificate of release of lien which is recorded by the town clerk in the land records shall release the lien and bar actions brought thereon.

(f) The lien created pursuant to this section shall be effective eight years from the date of issuance of the judgment or eight years after termination of the obligation to pay support, whichever is later. If the lien is not satisfied within 30 days of recording, it may be foreclosed and redeemed as provided in Vermont Rules of Civil Procedure Rule 80.1.

(g) The lien created by this section shall be in addition to and separate from any other remedy or interest created by law or contract.

(h) Upon compliance with subsection (a) of this section, this State shall accord full faith and credit to arrearage liens that arise in another state if the other state accords reciprocity to this State’s arrearage liens.

(Added 1989, No. 220 (Adj. Sess.), § 11; amended 1997, No. 63, §§ 14, 14a, eff. Sept. 1, 1997; 2017, No. 11, § 46.)

§ 792 Lottery offset

(a) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding child support arrearage payable to the Office of Child Support. If the winner has a child support arrearage, the Commissioner of Liquor and Lottery shall withhold the entire amount of winnings and pay the same to the Office of Child Support. The Office of Child Support shall offset the winnings by the amount of support arrearages and the remainder of the winnings, if any, shall be sent to the winner. The obligor shall be notified by the Office of Child Support of the offset prior to payment to the obligee and given a period not to exceed 20 days to contest the accuracy of the information.

(b) The Office of Child Support shall inform the Commissioner of Liquor and Lottery of persons with child support arrearages upon request. Each liable person shall be identified by name, address, and Social Security number.

(c) This section shall apply to Tri-State Lottery games at such time as the same or similar provisions become law in Maine and New Hampshire in accordance with the Tri-State Lotto Compact.

(Added 1989, No. 220 (Adj. Sess.), § 12; amended 2019, No. 73, § 24.)

§ 793 Credit reporting

(a) Information regarding the amount of arrearages owed by an obligor may be made available by the Office of Child Support to any consumer credit bureau organization upon the request of the organization, only if the amount of the arrearages is at least one-quarter of the annual support obligation and the Office of Child Support has notified the obligor by first-class mail or other means likely to give actual notice of the proposed action and given a period not to exceed 20 days to contest the accuracy of the information with the Office of Child Support. In computing the amount of an arrearage, any arrearage accumulated after a motion to modify has been filed shall not be included.

(b) The Office of Child Support shall immediately notify each credit bureau organization to which information has been furnished of any increases or decreases in the account balance.

(Added 1989, No. 220 (Adj. Sess.), § 28; amended 1997, No. 63, § 15, eff. Sept. 1, 1997.)

§ 794 Tax offsets

An order for child support may be enforced as provided in 32 V.S.A. chapter 151.

(Added 1989, No. 220 (Adj. Sess.), § 13.)

§ 795 Licenses or governmental contracts

(a) As used in this section:

(1) “Agency” means any unit of state government, including agencies, departments, boards, commissions, authorities, or public corporations.

(2) “License” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including the license to hunt, fish, or trap.

(3) “Contract” means a contract for the provision of goods, services or real estate space.

(b) Every applicant for a license shall sign a statement that the applicant is not subject to a child support order, or if subject to a child support order is in good standing with respect to the order or in full compliance with a plan to pay any and all child support payable under a support order as of the date the application is filed. A license may not be issued or renewed without such a statement.

(c) No agency shall enter into, extend, or renew any contract unless the person submits a statement that the person is not under an obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date the contract is made.

(d) For the purposes of this section, a person is in good standing with respect to any and all support payable if:

(1) less than one-twelfth of the annual support obligation is overdue; or

(2) liability for any support payable is being contested in a judicial or quasi-judicial proceeding; or

(3) the person is in compliance with a repayment plan approved by the office of child support or agreed to by the parties; or

(4) in the case of a licensee, the licensing agency finds that requiring immediate payment of support due and payable would impose an unreasonable hardship.

(Added 1989, No. 220 (Adj. Sess.), § 29; amended 1997, No. 63, § 16, eff. Jan. 1, 1999.)

§ 796 Assets held in escrow

If a proceeding for enforcement of child support has previously been brought against an obligor under this subchapter and the obligor at any time thereafter fails to pay support in an amount equal to one-twelfth of the annual support obligation, the court may, in addition to any other remedies under this subchapter, order that existing liquid assets be held in escrow by the court sufficient to secure payment of support for a period not to exceed four months. If the obligor fails to pay support in an amount equal to one-twelfth of the annual support obligation, the assets held in escrow shall be applied toward unpaid support.

(Added 1989, No. 220 (Adj. Sess.), § 14.)

§ 797 Civil penalties

The court may impose a civil penalty to be paid to the obligee or to the registry on behalf of the obligee of not more than 10 percent on any amount in arrears for 30 days or more if the court determines that the arrearage was willful.

(Added 1989, No. 220 (Adj. Sess.), § 15.)

§ 798 Enforcement of child support orders; suspension of licenses

(a) Upon noncompliance with an order issued under section 606 of this title, a motion may be filed seeking an order for suspension of licenses under this section. The motion shall be scheduled for hearing in accordance with the Vermont Rules of Family Proceedings within 30 days of the filing of the motion. At a hearing under this subsection, the obligor shall have the opportunity to present evidence relating to the reasons for noncompliance. An inability to comply shall be a defense in an action brought under this subsection. The noncomplying party shall have the burden of demonstrating inability to comply. An order issued under subsection (c) of this section is in addition to other remedies available at law.

(b) The Office of Child Support may administratively suspend licenses under this section upon noncompliance with an order under section 606 of this title. Prior to suspending a license, the Office of Child Support shall notify the obligor of the Office’s intent to suspend the obligor’s license and shall provide the obligor with an opportunity to contest the action pursuant to 33 V.S.A. § 4108. If the obligor fails to either contest the claimed delinquency or request an opportunity to present evidence relating to the noncompliance within 21 days of notification, the Office of Child Support may issue a license suspension order.

(c) Upon a finding of noncompliance with an order issued under section 606 of this title and a delinquency of at least one-quarter of the annual support obligation, the Office of Child Support, or a judge or magistrate of a Family Division of the Superior Court, if assigned by the presiding judge of such court, may order a civil suspension of a noncomplying party’s motor vehicle operator’s license issued under 23 V.S.A. chapter 9 or commercial driver license issued under 23 V.S.A. chapter 39, recreational license, and any other license certification or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation.

(d) Upon receipt of a license suspension order issued under this section, the license issuing authority shall suspend the license according to the terms of the order. Prior to suspending the license, the license issuing authority shall notify the license holder of the pending suspension and provide the license holder with an opportunity to contest the suspension based solely on the grounds of mistaken identity or compliance with the underlying child support order. The license shall be reinstated within five business days of a reinstatement order from the court or notification from the Office of Child Support or the custodial parent, where the rights of that parent have not been assigned to the Office of Child Support, that the parent is in compliance with the underlying child support order. The license issuing authority shall charge a reinstatement fee as provided for in 23 V.S.A. § 675, or as otherwise provided by law or rule.

(e) The license issuing authority shall adopt procedural rules in accordance with the provisions of 3 V.S.A. chapter 25 to implement the provisions of this section.

(Added 1995, No. 59, § 11; amended 1997, No. 63, § 17, eff. Sept. 1, 1997; 2009, No. 146 (Adj. Sess.), § C16; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 11, § 47.)

§ 799 Trustee process

(a) As used in this section, “trustee” means any person, institution, or entity, holding any money, personal property, or real property that belongs to or is owed to the obligor, including judgments, settlements, lottery winnings, funds held in financial institutions, and any voluntary contributions to public and private retirement funds.

(b) Upon noncompliance with a child support order in excess of one-quarter of the annual support obligation, the Office of Child Support may seek to attach assets owned by an obligor and held by a trustee. Prior to attaching assets held by a trustee, the Office of Child Support shall notify the obligor of the delinquency and of the Office’s intent to take administrative enforcement action for liens and trustee process and shall provide the obligor with an opportunity to contest the claimed delinquency and enforcement action pursuant to 33 V.S.A. § 4108. If the obligor fails to contest the claimed delinquency within 20 days after notification, or upon a final determination of a delinquency after hearing, the Office of Child Support may issue a summons to a trustee as provided in subsection (c) of this section.

(c) If no timely contest is made or upon a final determination of nonpayment of child support equal to or greater than one-quarter of the annual support obligation, the Office of Child Support may issue one or more summons to the trustee. The sum of the amounts for which the goods, effects, or credits of the obligor are attached on trustee process shall not exceed the amount determined to be delinquent under subsection (b) of this section. The Office of Child Support shall serve on the trustee and the obligor a disclosure form and a notice of the exemptions under subsection (f) of this section. If at any time the Office finds the outstanding arrearage has been satisfied in whole or in part, the Office shall discharge any trustee process that is outstanding or reduce the amounts for which the goods, effects, or credits of the obligor are attached so the sum of all such amounts does not exceed the amount that remains unsatisfied. The Office shall promptly notify the trustee and obligor of the change.

(d) In the event the obligor or other aggrieved person contests the summons to the trustee pursuant to 33 V.S.A. § 4108 or appeals the proposed action to the Family Division of the Superior Court within 20 days of the summons and is found not to be in arrears by more than one-quarter of the annual support obligation on the date the summons to the trustee was issued, the Office, within two business days, shall discharge the trustee process and notify the trustee and the obligor. In addition, the Office shall pay to the obligor or other aggrieved person the sum of $500.00.

(e) Upon receipt of a summons, the trustee shall secure and hold the assets in its possession up to the amount specified in the summons, and shall serve a disclosure under oath on the Office of Child Support and the obligor. If no timely contest is made or upon a final determination of any contest sustaining the trustee process, the trustee shall tender to the Office of Child Support the assets of the obligor in its possession up to the amount specified in the summons. If the trustee fails to disclose or fails or refuses to tender the property as directed, the Office of Child Support may file an action with the Family Division of the Superior Court to determine the trustee’s liability. A trustee shall not be liable to the obligor for complying with this section.

(f) The exemptions from attachments and executions in 12 V.S.A. § 2740 shall apply to the trustee process provided for in this section except as follows:

(1) the exemption in 12 V.S.A. § 2740(15) shall not exceed $400.00;

(2) the exemption in 12 V.S.A. § 2740(16) shall not exceed $5,000.00; and

(3) the exemption in 12 V.S.A. § 2740(18) shall not apply.

(g) Upon notifying a trustee to attach voluntary retirement funds, the Office shall give the obligor an opportunity to have the attachment removed by making alternate payment arrangements satisfactory to the Office within 30 days of issuance of the summons.

(Added 1997, No. 63, § 17a, eff. Sept. 1, 1997; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 800 Contract with sheriff for service of civil process

The Office of Child Support may contract with a sheriff’s department for the purpose of locating and investigating child support obligors and serving process, warrants, and mittimus in child support cases.

(Added 2009, No. 146 (Adj. Sess.), § C19.)

Chapter 13 Change of Name

§ 811 Procedure; form

A person of age and sound mind may change his or her name by making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which the person resides, an instrument in the following form:

STATE OF VERMONT

____________ District. }

Be it remembered, that I, A. B. of __________ in the county of _________ , will be hereafter known and called ______________ .

In witness whereof I hereunto set my hand and seal this ______ day of ______ , 20 ____ .

A. B. (L. S.)

(Amended 1993, No. 174 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)

§ 812 Minor

A minor may change his or her name by some person who, under 14 V.S.A. chapter 111, may act for him or her, making, signing, sealing, and acknowledging before the judge of the Probate Division of the Superior Court of the district in which such minor resides, an instrument in substantially the form provided in section 811 of this title. Such instrument shall be signed by the person so acting for such minor. However, the name of the minor, if over 14 years of age, shall not be changed without his or her consent given in court.

(Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)

§ 813 Filing of instrument

An instrument changing the name, by virtue of sections 811 and 812 of this title, shall be filed in the Probate Division of the Superior Court of the district in which such person or minor resides.

(Amended 1971, No. 179 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)

§ 814 Repealed

[Repealed]

1979, No. 142 (Adj. Sess.), § 26.

§ 815 Repealed

[Repealed]

2003, No. 88 (Adj. Sess.), § 1.

§ 816 Amendment of birth certificate

A person, or the parent or guardian of a minor, may provide the State Registrar of Vital Records with a copy of his or her birth certificate or the birth certificate of the minor and a certified copy of a decree issued under this chapter authorizing a change of name, and request that the birth certificate be amended in accordance with the decree. The State Registrar of Vital Records shall update the Statewide Registration System and proceed in accordance with 18 V.S.A. § 5075. Notwithstanding 18 V.S.A. § 5075, certificates amended pursuant to this section shall have the words “Court Amended” at the top and shall show that the change of name was made pursuant to this chapter.

(Amended 1979, No. 172 (Adj. Sess.), §§ 22, 26; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 28, § 3, eff. May 10, 2017; 2017, No. 46, § 57, eff. July 1, 2019.)

§ 817 Consultation of Sex Offender Registry when form filed

Upon receipt of a change-of-name form submitted pursuant to section 811 of this title, the Probate Court shall request the Department of Public Safety to determine whether the person’s name appears on the Sex Offender Registry established by 13 V.S.A. § 5402. If the person’s name appears on the Registry, the Probate Court shall not permit the person to change his or her name unless it finds, after permitting the Department of Public Safety to appear, that there is a compelling purpose for doing so.

(Added 2009, No. 58, § 12.)

Chapter 15 Parent and Child

§ 901 Parents’ liability for damages

(a) When an unemancipated minor under the age of 18 years willfully or maliciously causes damage to any property, public or private, or injury to a person, either of his or her parents shall be liable to the owner of such property or to the person injured, in an action on this statute, for the damage to property, injury to person, or either, in an amount not to exceed $5,000.00 provided such minor would be liable had such minor been an adult. If the damage or injury is caused by two or more such minors, a parent shall be liable for each of his or her children subject to the provisions of this section in an amount not exceeding $5,000.00. The remedy provided shall be in addition to, and not in lieu of, any other remedy which may exist at law; except, however, that any judgment subsequently recovered in any action brought for money damages on account of the damage or injury contemplated shall be reduced by the extent of any previous judgment recovered in any other such action.

(b) The provisions of subsection (a) of this section shall not apply to a parent legally deprived or relieved of the custody of the minor prior to the commission of the act complained of.

(c) In an action under this section against a minor’s parents, nothing contained in the record of any juvenile proceeding involving the minor shall be admissible as evidence except as provided in 33 V.S.A. § 5117.

(d) Law enforcement officers who come in contact with an owner of property damaged by a minor or a person injured by a minor shall make a reasonable effort to inform such person of the provisions of this section.

(Added 1959, No. 124, §§ 1, 2; amended 1989, No. 142 (Adj. Sess.), § 7; 1995, No. 147 (Adj. Sess.), § 1; 2013, No. 131 (Adj. Sess.), § 111.)

Chapter 17 Causes of Actions and Breach of Contract

§ 1001 Causes of action abolished

The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, or breach of contract to marry are abolished. No act done within this State shall operate to give rise, either within or outside this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or outside this State, to any cause or right of action for its breach.

(Added 1973, No. 198 (Adj. Sess.).)

§ 1002 Gifts made in contemplation of civil marriage

Nothing in this chapter shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of the transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money, or securities or real property was a contemplated civil marriage that has not occurred, and the court may, if in its discretion justice so requires:

(1) award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto; or

(2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof.

(Added 1973, No. 198 (Adj. Sess.); amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 1003 Instruments void

Any contract or instrument executed after July 1, 1974 within this State in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished by this chapter, whether such claim or cause of action arose within or outside this State, is contrary to the public policy of this State and absolutely void. Nothing in this section shall affect the rights of parties to settle or compromise any suit duly begun or pending on July 1, 1974.

(Added 1973, No. 198 (Adj. Sess.).)

Chapter 18 Grandparents' Visitation

§ 1011 Jurisdiction

(a) A court that has considered or is considering the custody or visitation of a minor child may award visitation rights to a grandparent of the child, upon written request of the grandparent filed with the court, if the court finds that to do so would be in the best interests of the child.

(b) No grandparent shall be afforded party status, but may be called as a witness by the court, and shall be subject to cross-examination by the parties.

(d) A grandparent who has visitation rights under this section may move the court for enforcement of the court’s order in the same manner as would a party. A hearing shall be held and notice shall be given to the parties pursuant to the Vermont Rules of Civil Procedure.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984; amended 2009, No. 154 (Adj. Sess.), § 127.)

§ 1012 If a parent is deceased or cannot decide

If a parent of a minor child is deceased, physically or mentally incapable of making a decision, or has abandoned the child, a grandparent of the child may commence an action in Superior Court in the county in which the custodian of the child resides to obtain visitation rights. The action shall promptly be tried without a jury in the same manner as a divorce case. The custodian of the child shall be the party defendant. In the event that the custodian of the child is not the parent of the child, the parent shall also be joined as a party defendant.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

§ 1013 Decision

(a) The court shall grant the petitioner reasonable visitation or access to the grandchild upon determining that to do so would be in the best interests of the child.

(b) In determining the best interests of the child, the court shall consider the following factors:

(1) the love, affection, and other emotional ties existing between the grandparents involved and the child;

(2) the capacity and disposition of the parties involved to give the child love, affection, and guidance;

(3) the nature of the relationship between the petitioner and the grandchild and the desirability of maintaining that relationship;

(4) the moral fitness of the parties;

(5) the mental and physical health of the parties;

(6) the reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference;

(7) the willingness and ability of the petitioner to facilitate and encourage a close and continuing relationship between the child and the other parties; and

(8) any other factor which the court considers to be relevant to a just determination regarding visitation or access.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

§ 1014 Modification

A court may modify or terminate any order granted under this section, issue any orders necessary to the enforcement of rights or the protection of parties under this section, and award costs for defending or prosecuting actions under this section.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

§ 1015 Limit on refiling

Absent a real, substantial, and unanticipated change of circumstances, no person whose petition under this section is denied with prejudice may file another petition under this section sooner than one year after that denial.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

§ 1016 Automatic expiration

When a child subject to an order under this chapter is later adopted, the order under this chapter expires, except when the adopting parent is a stepparent, grandparent, or other relative of the child.

(Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

Chapter 19 Uniform Child Custody Jurisdiction Act

§§ 1031-1051 Repealed

[Repealed]

2011, No. 29, § 8.

Chapter 20 Uniform Child Custody Jurisdiction and Enforcement Act

Subchapter 1 General Provisions

§ 1061 Definitions

As used in this chapter:

(1) “Abandoned” means left without provision for reasonable and necessary care or supervision.

(2) “Child” means an individual who has not attained 18 years of age.

(3) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. The term does not include an order relating to child support or other monetary obligation of an individual. The term includes “parental rights and responsibilities” and “parent child contact” as those terms are defined in section 664 of this title.

(4) “Child custody proceeding” means a proceeding in which legal custody or parental rights, physical custody, or visitation or parent child contact with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subchapter 3 of this chapter.

(5) “Commencement” means the filing of the first pleading in a proceeding.

(6) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8) “Initial determination” means the first child custody determination concerning a particular child.

(9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this chapter.

(10) “Issuing state” means the state in which a child custody determination is made.

(11) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(13) “Person acting as a parent” means a person, other than a parent, who:

(A) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

(B) has been awarded legal custody by a court or claims a right to legal custody under the law of Vermont.

(14) “Physical custody” means the physical care and supervision of a child.

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

(Added 2011, No. 29, § 1.)

§ 1062 Proceedings governed by other law

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

(Added 2011, No. 29, § 1.)

§ 1063 Application to Indian tribes; international application

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A Vermont court shall treat a foreign country as if it were a state of the United States for the purpose of applying this subchapter and subchapter 2 of this chapter.

(c) Except as otherwise provided in subsection (d) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter.

(d) A Vermont court need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

(Added 2011, No. 29, § 1.)

§ 1064 Effect of child custody determination

A child custody determination made by a Vermont court that had jurisdiction under this chapter binds all persons who have been served in accordance with the Vermont laws or notified in accordance with section 1066 of this title or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

(Added 2011, No. 29, § 1.)

§ 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 given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of Vermont or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

(Added 2011, No. 29, § 1.)

§ 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 another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding.

(b) A person who is subject to personal jurisdiction in Vermont on a basis other than physical presence is not immune from service of process in Vermont. A party present in Vermont who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(1) extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in Vermont; or

(2) be construed to prevent the arrest of a person pursuant to a valid warrant.

(Added 2011, No. 29, § 1.)

§ 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 communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c) of this section, a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(Added 2011, No. 29, § 1.)

§ 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 means allowable in Vermont for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A Vermont court may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A Vermont court shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a Vermont court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

(Added 2011, No. 29, § 1.)

§ 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 evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) forward to the Vermont court a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a Vermont court may hold a hearing or enter an order described in subsection (a) of this section.

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to Vermont law.

(d) A Vermont court shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

(Added 2011, No. 29, § 1.)

Subchapter 2 Jurisdiction

§ 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 proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from Vermont, but a parent or person acting as a parent continues to live in Vermont;

(2) a court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that Vermont is the more appropriate forum under section 1077 or 1078 of this title, and:

(A) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Vermont other than mere physical presence; and

(B) substantial evidence is available in Vermont concerning the child’s care, protection, training, and personal relationships;

(3) all courts having jurisdiction under subdivision (1) or (2) of this subsection have declined to exercise jurisdiction on the grounds that a Vermont court is the more appropriate forum to determine the custody of the child under section 1077 or 1078 of this title; or

(4) no court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3) of this subsection.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a Vermont court.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

(Added 2011, No. 29, § 1.)

§ 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 until:

(1) a Vermont court determines that neither the child nor the child and one parent nor the child and a person acting as a parent have a significant connection with Vermont, and that substantial evidence is no longer available in Vermont concerning the child’s care, protection, training, and personal relationships; or

(2) a Vermont court or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not currently reside in Vermont.

(b) A Vermont court that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 1071 of this title.

(Added 2011, No. 29, § 1.)

§ 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 subdivision 1071(a)(1) or (2) of this title and:

(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 1072 of this title or that a Vermont court would be a more convenient forum under section 1077 of this title; or

(2) a Vermont court or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not currently reside in the other state.

(Added 2011, No. 29, § 1.)

§ 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, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced under this chapter, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 1071-1073 of this title. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, a child custody determination made under this section becomes a final determination, if it so provides, and Vermont becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, any order issued by a Vermont court under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 1071-1073 of this title. The order issued in Vermont remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A Vermont court that has been asked to make a child custody determination under this section upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 1071-1073 of this title shall immediately communicate with the other court. A Vermont court that is exercising jurisdiction pursuant to sections 1071-1073 of this title, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

(Added 2011, No. 29, § 1.)

§ 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 Vermont law as in child custody proceedings between Vermont residents, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by Vermont law as in child custody proceedings between Vermont residents.

(Added 2011, No. 29, § 1.)

§ 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 substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a Vermont court is a more convenient forum under section 1077 of this title.

(b) Except as otherwise provided in section 1074 of this title, a Vermont court, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 1079 of this title. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the Vermont court shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the Vermont court is a more appropriate forum, the Vermont court shall dismiss the proceeding.

(c) In a proceeding to modify a child custody determination, a Vermont court shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement; or

(3) proceed with the modification under conditions it considers appropriate.

(Added 2011, No. 29, § 1.)

§ 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 of inconvenient forum may be raised upon motion of a party, the court’s own motion, or a request of another court.

(b) Before determining whether it is an inconvenient forum, a Vermont court shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) the length of time the child has resided outside Vermont;

(3) the distance between the Vermont court and the court in the state that would assume jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a Vermont court determines that it is an inconvenient forum, and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A Vermont court may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

(Added 2011, No. 29, § 1.)

§ 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) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under sections 1071-1073 of this title determines that Vermont is a more appropriate forum under section 1077 of this title; or

(3) no court of any other state would have jurisdiction under the criteria specified in sections 1071-1073 of this title.

(b) If a Vermont court declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 1071-1073 of this title.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against Vermont unless authorized by law other than this chapter.

(Added 2011, No. 29, § 1.)

§ 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 whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party:

(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(2) knows of any other proceeding that could affect the current proceeding, including any proceeding for enforcement and any proceeding relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of or visitation with the child and, if so, give the names and addresses of those persons.

(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

(f) As used in this section, the term “party” shall not include the child in a proceeding under 33 V.S.A. chapter 51 or 53.

(Added 2011, No. 29, § 1.)

§ 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 or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside Vermont, the court may order that a notice given pursuant to section 1066 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside Vermont is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

(e) As used in this section, the term “with or without the child” means that the court may order that the child be represented by an attorney or guardian ad litem.

(Added 2011, No. 29, § 1.)

Subchapter 3 Enforcement

§ 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 for 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.

(Added 2011, No. 29, § 1.)

§ 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.)

§ 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 meeting the jurisdictional standards of this chapter and if the determination has not been modified in accordance with this chapter.

(b) A Vermont court may utilize any remedy available under Vermont law to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

(Added 2011, No. 29, § 1.)

§ 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 determination of another state that does not provide for a specific visitation schedule.

(b) If a Vermont court makes an order under subdivision (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter 2 of this chapter. The order remains in effect until an order is obtained from the other court or until the period expires.

(Added 2011, No. 29, § 1.)

§ 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 subsection or the child resides:

(1) a letter or other document requesting registration;

(2) two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) except as otherwise provided in section 1079 of this title, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a) of this section, the Family Division of the Superior Court shall:

(1) send the certified copy of the determination to the Court Administrator who shall file it as a foreign judgment; and

(2) serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a Vermont court;

(2) a hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and

(3) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing before the court in the county in which such person or the child resides within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(1) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(2) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or

(3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 1066 of this title in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law, and the person requesting registration and all persons served shall be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

(Added 2011, No. 29, § 1; amended 2013, No. 67, § 2, eff. June 4, 2013.)

§ 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 registered child custody determination of a court of another state.

(Added 2011, No. 29, § 1.)

§ 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 with the modifying court. The proceeding for enforcement shall continue unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

(Added 2011, No. 29, § 1.)

§ 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) A petition for enforcement of a child custody determination shall state:

(1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;

(3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) the present physical address of the child and the respondent, if known;

(5) whether relief in addition to the immediate physical custody of the child and in addition to attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(6) if the child custody determination has been registered and confirmed under section 1085 of this title, the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) of this section shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and will order the payment of fees, costs, and expenses under section 1092 of this title, and the order may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) the child custody determination has not been registered and confirmed under section 1085 of this title and:

(A) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or

(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 1066 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and confirmed under section 1084 of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

(e) Except as otherwise provided in section 1090 of this title, the petition and order shall be served by any method authorized by Vermont law upon the respondent and any person who has physical custody of the child.

(Added 2011, No. 29, § 1.)

§ 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 that:

(1) the child custody determination has not been registered and confirmed under section 1085 of this title and that:

(A) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter; or

(2) the child custody determination for which enforcement is sought was registered and confirmed under section 1085 of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

(b) The court may award the fees, costs, and expenses authorized under section 1091 of this title and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the grounds that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.

(Added 2011, No. 29, § 1.)

§ 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 to be removed from Vermont.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or to be removed from Vermont, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection 1088(b) of this title.

(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) direct law enforcement officers to take physical custody of the child immediately; and

(3) provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout Vermont. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.

(Added 2011, No. 29, § 1.)

§ 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 shall not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.

(Added 2011, No. 29, § 1.)

§ 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, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter.

(b) An appeal may be taken from a final order in a proceeding under this subchapter in accordance with the Vermont Rules of Appellate Procedure. Unless the court enters a temporary emergency order under section 1074 of this title, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

(Added 2011, No. 29, § 1.)

§ 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 proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:

(1) an existing child custody determination;

(2) a request to do so from a court in a pending child custody proceeding;

(3) a reasonable belief that a criminal statute has been violated; or

(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) The Attorney General or a State’s Attorney acting under this section acts on behalf of the court and shall not represent any party.

(c) At the request of the Attorney General or a State’s Attorney acting under this section, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the Attorney General or State’s Attorney with responsibilities under this section.

(Added 2011, No. 29, § 1.)

§ 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. 29, § 1.)

Subchapter 4 Miscellaneous Provisions

§ 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 governed by the law in effect at the time the motion or other request was made.

(Added 2011, No. 29, § 1.)

Chapter 21 Abuse Prevention

Subchapter 1 General Provisions

§ 1101 Definitions

As used in this chapter:

(1) “Abuse” means:

(A) the occurrence of one or more of the following acts between family or household members:

(i) attempting to cause or causing physical harm;

(ii) placing another in fear of imminent serious physical harm;

(iii) abuse to children as defined in 33 V.S.A. chapter 49, subchapter 2;

(iv) stalking as defined in 12 V.S.A. § 5131(6); or

(v) sexual assault as defined in 12 V.S.A. § 5131(5); or

(B) coercive controlling behavior between family or household members.

(2) “Coercive controlling behavior” means a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. “Coercive controlling behavior” includes unreasonably engaging in any of the following:

(A) isolating the family or household member from friends, relatives or other sources of support;

(B) depriving the family or household member of basic necessities;

(C) controlling, regulating or monitoring the family or household member’s movements, communications, daily behavior, finances, economic resources, or access to services;

(D) compelling the family or household member by force, threat or intimidation, including threats based on actual or suspected immigration status, to:

(i) engage in conduct from which such family or household member has a right to abstain; or

(ii) abstain from conduct that such family or household member has a right to pursue;

(E) committing or threatening to commit cruelty to animals that intimidates the family or household member; or

(F) forced sex acts or threats of a sexual nature, including threatened acts of sexual conduct, threats based on a person’s sexuality, or threats to release sexual images.

(3) “Household members” means persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or who have dated. “Dating” means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists or existed include:

(A) the nature of the relationship;

(B) the length of time the relationship has existed;

(D) the length of time since the relationship was terminated, if applicable.

(4) A “foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, 33 V.S.A. chapter 69, or 12 V.S.A. chapter 178.

(5) “Other state” and “issuing state” shall mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(6) A “protection order” means any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts, other than support or child custody orders, whether obtained by filing an independent action or as a pendente lite order in another proceeding provided that any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

(7) [Repealed.]

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 207 (Adj. Sess.), § 2, eff. April 25, 1982; 1981, No. 218 (Adj. Sess.), § 1; 1991, No. 135 (Adj. Sess.), § 14; 1995, No. 170 (Adj. Sess.), § 26, eff. May 15, 1996; 1997, No. 153 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), § 38; 1999, No. 124 (Adj. Sess.), § 10; 2005, No. 193 (Adj. Sess.), § 3, eff. Oct. 1, 2006; 2009, No. 154 (Adj. Sess.), § 128; 2015, No. 23, § 152; 2023, No. 103 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 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 in the county in which the plaintiff resides. If the plaintiff has left the residence or household to avoid abuse, the plaintiff shall have the option to bring an action in the county of the previous residence or household or the county of the new residence or household.

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1985, No. 79, § 1; 1993, No. 228 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 129.)

§ 1103 Requests for relief

(a) Any family or household member may seek relief from abuse by another family or household member on behalf of themselves or their children by filing a complaint under this chapter. A minor 16 years of age or older, or a minor of any age who is in a dating relationship as defined in subdivision 1101(3) of this chapter, may file a complaint under this chapter seeking relief on the minor’s own behalf. The plaintiff shall submit an affidavit in support of the order.

(b) Except as provided in section 1104 of this title, the court shall grant relief only after notice to the defendant and a hearing. The plaintiff shall have the burden of proving abuse by a preponderance of the evidence.

(c)(1) The court shall make such orders as it deems necessary to protect the plaintiff or the children, or both, if the court finds that the defendant has abused the plaintiff, and:

(A) there is a danger of further abuse; or

(B) the defendant is currently incarcerated and has been convicted of one of the following: murder, attempted murder, kidnapping, domestic assault, aggravated domestic assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or lascivious conduct with a child, use of a child in a sexual performance, or consenting to a sexual performance.

(2) The court order may include the following:

(A) An order that the defendant refrain from abusing the plaintiff or the plaintiff’s children, or both, and from interfering with their personal liberty, including restrictions on the defendant’s ability to contact the plaintiff or the plaintiff’s children, or both, in any way, whether directly, indirectly, or through a third party, with the purpose of making contact with the plaintiff, including in writing or by telephone, email, or other electronic communication, and restrictions prohibiting the defendant from coming within a fixed distance of the plaintiff, the children, the plaintiff’s residence, or other designated locations where the plaintiff or the plaintiff’s children are likely to spend time.

(B) An order that the defendant immediately vacate the household and that the plaintiff be awarded sole possession of a residence.

(C) A temporary award of parental rights and responsibilities in accordance with the criteria in section 665 of this title.

(D) An order for parent-child contact under such conditions as are necessary to protect the child or the plaintiff, or both, from abuse in accordance with section 665a of this title. An order for parent-child contact may, if necessary, include conditions under which the plaintiff may deny parent-child contact pending further order of the court.

(E) If the court finds that the defendant has a duty to support the plaintiff, an order that the defendant pay the plaintiff’s living expenses for a fixed period of time not to exceed three months.

(F) If the court finds that the defendant has a duty to support the child or children, a temporary order of child support pursuant to chapter 5 of this title, for a period not to exceed three months. A support order granted under this section may be extended if the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage.

(G) An order concerning the possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household.

(H) An order that the defendant return any personal documentation in the defendant’s possession, including immigration documentation, birth certificates, and identification cards:

(i) pertaining to the plaintiff; or

(ii) pertaining to the plaintiff’s children if relief is sought for the children or for good cause shown.

(I) An order awarding possession of a vehicle to the plaintiff for a set period of time, provided that the plaintiff:

(i) is the owner or joint owner of the vehicle;

(ii) is the primary payor on the vehicle loan;

(iii) has primary possession or control of the vehicle; or

(iv) has been restricted from using the vehicle by the defendant.

(J) An order requiring the defendant to complete a domestic violence accountability program approved by the Council on Domestic Violence. Failure to complete the program shall not be considered a crime for any purpose, including 13 V.S.A. § 1030, but may subject the defendant to civil contempt proceedings pursuant to Rule 16 of the Vermont Rules of Family Proceedings. Successful completion of the program shall be considered a substantial change in circumstances for purposes of requests to modify an order. A court may consider a defendant’s failure to successfully complete the program when determining whether to extend an order.

(d) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff’s sexual conduct shall be admitted. Evidence of prior sexual conduct of the plaintiff shall not be admitted; provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(1) evidence of the plaintiff’s past sexual conduct with the defendant;

(2) evidence of specific instances of the plaintiff’s sexual conduct showing the source of origin of semen, pregnancy, or disease; and

(3) evidence of specific instances of the plaintiff’s past false allegations of violations of 13 V.S.A. chapter 59 or 72.

(e) Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff, the children, or both, from abuse. It is not necessary for the court to find that abuse has occurred during the pendency of the order to extend the terms of the order. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.

(f) No filing fee shall be required.

(g) Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, the date and time of the order, and shall be signed by the judge.

(h) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.

(i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

(j) Every final order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 5; 1983, No. 34, eff. April 18, 1983; 1985, No. 79, § 3; 1993, No. 228 (Adj. Sess.), § 2; 2005, No. 193 (Adj. Sess.), § 4, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 11; 2013, No. 17, § 8; 2015, No. 153 (Adj. Sess.), § 31; 2017, No. 44, § 8, eff. May 23, 2017; 2025, No. 46, § 2, eff. July 1, 2025.)

§ 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 in support of the order, which may be sworn to or affirmed by administration of the oath over the telephone to the applicant by an employee of the Judiciary authorized to administer oaths and shall conclude with the following statement: “I declare under the penalty of perjury pursuant to the laws of the State of Vermont that the foregoing is true and accurate. I understand that making false statements is a crime subject to a term of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath was administered. A minor 16 years of age or older, or a minor of any age who is in a dating relationship as defined in subdivision 1101(3) of this chapter, may seek relief on the minor’s own behalf. Relief under this section shall be limited as follows:

(1) Upon a finding that there is an immediate danger of further abuse, an order may be granted requiring the defendant:

(A) to refrain from abusing the plaintiff or the plaintiff’s children, or both, or from cruelly treating as defined in 13 V.S.A. § 352 or 352a or killing any animal owned, possessed, leased, kept, or held as a pet by either party or by a minor child residing in the household;

(B) to refrain from interfering with the plaintiff’s personal liberty or the personal liberty of the plaintiff’s children, or both;

(C) to refrain from coming within a fixed distance of the plaintiff, the plaintiff’s children, the plaintiff’s residence, or the plaintiff’s place of employment;

(D) to refrain from contacting the plaintiff or the plaintiff’s children, or both, in any way, whether directly, indirectly, or through a third party, with the purpose of making contact with the plaintiff, including in writing or by telephone, email, or other electronic communication; or

(E) to immediately relinquish, until the expiration of the order, all firearms that are in the defendant’s possession, ownership, or control and to refrain from acquiring or possessing any firearms while the order is in effect.

(2) Upon a finding that the plaintiff or the plaintiff’s children, or both, have been forced from the household and will be without shelter unless the defendant is ordered to vacate the premises, the court may order the defendant to vacate immediately the household and may order sole possession of the premises to the plaintiff.

(3) Upon a finding that there is immediate danger of physical or emotional harm to minor children, the court may award temporary custody of these minor children to the plaintiff or to other persons.

(4) Upon a finding that the plaintiff’s possession of a vehicle is necessary to escape abuse or prevent further abuse, the court may award the possession of a vehicle to the plaintiff for a set period of time, provided that the plaintiff:

(A) is the owner or joint owner of the vehicle;

(B) is the primary payor on the vehicle loan;

(D) has been restricted from using the vehicle by the defendant.

(b) Every order issued under this section shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge. Every order issued under this section shall inform the defendant that if the defendant fails to appear at the final hearing, the temporary order will remain in effect until the final order is served on the defendant unless the temporary order is dismissed by the court. Every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the court for modification or discharge of the order. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days from the date of issuance of the order. At such hearings, the plaintiff shall have the burden of proving abuse by a preponderance of the evidence. If the court finds that the plaintiff has met the burden, it shall continue the order in effect and make such other order as it deems necessary to protect the plaintiff.

(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.

(d) Every order issued under this chapter shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(e) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1985, No. 79, § 4; 1989, No. 294 (Adj. Sess.), § 2; 2005, No. 193 (Adj. Sess.), § 5, eff. Oct. 1, 2006; 2013, No. 17, § 9; 2015, No. 153 (Adj. Sess.), § 32; 2017, No. 11, § 48; 2017, No. 44, § 9, eff. May 23, 2017; 2019, No. 176 (Adj. Sess.), § 1, eff. October 8, 2020; 2021, No. 87 (Adj. Sess.), § 6, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 3, eff. May 31, 2022; 2025, No. 46, § 3, eff. July 1, 2025.)

§ 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 order electronically or by other means to a law enforcement agency for service.

(b)(1) A defendant who attends a hearing held under section 1103 or 1104 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. The clerk shall mail a copy of the order to the defendant at the defendant’s last known address.

(2) An ex parte temporary order issued under this chapter shall remain in effect until either it is dismissed by the court or the petition is denied at the final hearing. If the plaintiff fails to appear at the final hearing, the petition shall be dismissed, provided that the court may continue the temporary order until the final hearing if it makes findings on the record stating why there is good cause not to dismiss the petition. If a final order is issued, the temporary order shall remain in effect until personal service of the final order.

(c) Abuse orders shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders. Orders shall be served in a manner calculated to ensure the safety of the plaintiff. Methods of service that include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the defendant.

(d) If service of a notice of hearing issued under section 1103 or 1104 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant.

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 2; 1993, No. 228 (Adj. Sess.), § 3; 2005, No. 193 (Adj. Sess.), § 6, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 12; 2013, No. 17, § 1; 2013, No. 17, § 2, eff. Nov. 1, 2013; 2019, No. 176 (Adj. Sess.), § 2, eff. Oct. 8, 2020; 2023, No. 46, § 31, eff. June 5, 2023.)

§ 1106 Procedure

(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.

(b)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to Superior Courts. Law enforcement agencies shall assist in carrying out the intent of this section.

(2)(A) The court shall designate an authorized person to receive requests for ex parte temporary relief from abuse orders submitted after regular court hours pursuant to section 1104 of this title, including requests made by reliable electronic means according to the procedures in this subdivision (2).

(B) If a secure setting is not available for processing an ex parte temporary relief from abuse order submitted after regular court hours, or if the authorized person determines that electronic submission is appropriate under the circumstances, the authorized person shall inform the applicant that a complaint and affidavit may be submitted electronically.

(C) The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the applicant by the authorized person and shall conclude with the following statement: “I declare under the penalty of perjury pursuant to the laws of the State of Vermont that the foregoing is true and accurate. I understand that making false statements is a crime subject to a term of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath was administered.

(D) The authorized person shall communicate the contents of the complaint and affidavit to a judicial officer telephonically or by reliable electronic means. The judicial officer shall decide whether to grant or deny the complaint and issue the order solely on the basis of the contents of the affidavit or affidavits provided. The judicial officer shall communicate the decision to the authorized person, who shall communicate it to the applicant. If the order is issued, it shall be delivered to the appropriate law enforcement agency for service and to the holding station.

(c) The Office of the Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an abuse prevention proceeding is related to a criminal proceeding.

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 3; 1993, No. 228 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 130; 2017, No. 110 (Adj. Sess.), § 2, eff. April 25, 2018; 2021, No. 147 (Adj. Sess.), § 4, eff. May 31, 2022.)

§ 1107 Filing orders with law enforcement personnel; Department of Public Safety protection order database

(a) Police departments, sheriff’s departments, and State police district offices shall establish procedures for filing abuse prevention orders issued under this chapter, 33 V.S.A. chapter 69, 12 V.S.A. chapter 178, protective orders relating to contact with a child issued under 33 V.S.A. § 5115, , and foreign abuse prevention orders and for making their personnel aware of the existence and contents of such orders.

(b) Any court in this State that issues an abuse prevention order under section 1104 or 1103 of this chapter, or that files a foreign abuse prevention order in accordance with subsection 1108(d) of this chapter, or that issues a protective order relating to contact with a child under 33 V.S.A. § 5115, shall transmit a copy of the order to the Department of Public Safety protection order database.

(Added 1979, No. 153 (Adj. Sess.), § 1; amended 1995, No. 170 (Adj. Sess.), § 27, eff. May 15, 1996; 2005, No. 193 (Adj. Sess.), § 7, eff. Oct. 1, 2006; 2009, No. 28, § 1.)

§ 1108 Enforcement

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Enforcement may include, but is not limited to:

(1) making an arrest in accordance with the provisions of V.R.Cr.P. 3;

(2) assisting the recipient of an order granting sole possession of the residence to obtain sole possession of the residence if the defendant refuses to leave;

(3) assisting the recipient of an order granting sole custody of children to obtain sole custody of children if the defendant refuses to release them.

(b) A law enforcement officer may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order that has been provided to the law enforcement officer by any source. Law enforcement personnel may rely upon the written and sworn statement of the person protected by the foreign abuse prevention order that the order remains in effect. An officer’s reasonable reliance as provided in this subsection shall be a complete defense in any civil action arising in connection with a court’s finding under subsection (c) of this section that the order was not enforceable.

(c) A foreign abuse prevention order shall be enforceable in the courts in this State if all the following are satisfied:

(1) The defendant has received notice of the order in compliance with the requirements of the issuing state.

(2) The order is in effect in the issuing state.

(3) The court in the issuing state had jurisdiction over the parties and the subject matter under the law of the issuing state.

(4) In the issuing state, the law gives reasonable notice and opportunity to be heard to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within a reasonable time after the order is issued, sufficient to protect the defendant’s due process rights. Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of the foreign protection order.

(d) A person entitled to protection under a foreign abuse prevention order may file the foreign abuse prevention order in any Family Division of the Superior Court by filing a certified copy of the order with the court. The person shall swear under oath in an affidavit that to the best of the person’s knowledge the order is presently in effect as written. Upon inquiry by a law enforcement agency, the clerk of the Family Division of the Superior Court shall make a copy of the foreign abuse prevention order available.

(e) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State’s Attorney in District or Superior Court in the unit or county in which the violation occurred. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a domestic abuse order after such initial adjudication.

(Added 1981, No. 218 (Adj. Sess.), § 4; amended 1985, No. 79, § 5; 1995, No. 170 (Adj. Sess.), § 28, eff. May 15, 1996; 2009, No. 154 (Adj. Sess.), § 238.)

§ 1109 Appeals

An order of the court issued under section 1103 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith.

(Added 1985, No. 79, § 6.)

§ 1110 Requests for child support; transfer to Office of Magistrate

A request for child support under this chapter may be transferred by the court to the Office of Magistrate for hearing and disposal. A magistrate’s support order granted under this section may not exceed three months unless the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage.

(Added 1993, No. 228 (Adj. Sess.), § 5.)

§§ 1111-1114 [Reserved for future use.]

§ 1115 Limitation or denial of visitation

In any proceeding under this title, the fact that a parent has been convicted of any of the following offenses against the parent’s child shall be a ground for limiting or denying visitation:

(1) sexual assault as defined in 13 V.S.A. § 3252;

(2) aggravated sexual assault as defined in 13 V.S.A. § 3253;

(3) lewd and lascivious conduct as defined in 13 V.S.A. § 2601;

(4) sexual activity by a caregiver as defined in 33 V.S.A. § 6913;

(5) kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);

(6) lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602;

(7) prohibited acts in violation of 13 V.S.A. § 2635;

(8) sexual exploitation of children as defined in 13 V.S.A. chapter 64; or

(9) an attempt to commit any offense listed in this section.

(Added 1995, No. 170 (Adj. Sess.), § 33, eff. May 15, 1996.)

Subchapter 2 Domestic Violence Fatality Reviews

§ 1140 Domestic Violence Fatality Review Commission

(a) The Domestic Violence Fatality Review Commission is established within the Office of the Attorney General, in consultation with the Council on Domestic Violence, for the following purposes:

(1) to examine the trends and patterns of domestic violence-related fatalities and near-fatal instances of domestic violence in Vermont;

(2) to identify barriers to safety, the strengths and weaknesses in communities, and systemic responses to domestic violence;

(3) to educate the public, service providers, and policymakers about domestic violence fatalities and near-fatal instances of domestic violence and strategies for intervention and prevention; and

(4) to recommend policies, practices, and services that will encourage collaboration and reduce fatalities and near-fatal instances of domestic violence due to domestic violence.

(b) The Commission is intended to reflect communities throughout Vermont and appointing authorities shall strive to appoint persons from different racial and ethnic backgrounds, persons with a disability, and persons who identify as LGBTQ+. The Commission shall comprise 23 members, consisting of the following:

(1) the Attorney General or designee;

(2) the Commissioner of Health or designee;

(3) the Commissioner for Children and Families or designee;

(4) the Commissioner of Corrections or designee;

(5) the Commissioner of Public Safety or designee;

(6) the Chief Medical Examiner or designee;

(7) a State’s Attorney with experience prosecuting domestic violence cases, appointed by the Executive Director of the Department of State’s Attorneys and Sheriffs;

(8) the Defender General or designee;

(9) a member of the Vermont Coalition of Batterer Intervention Services;

(10) a member of the Vermont Network Against Domestic and Sexual Violence;

(11) a representative of the Vermont Council on Domestic Violence;

(12) a representative of local law enforcement, appointed by the Governor;

(13) a victim or survivor of domestic violence, appointed by the Vermont Network Against Domestic and Sexual Violence;

(14) a physician, appointed by the Governor;

(15) the Executive Director of the Vermont Criminal Justice Council or designee;

(16) the Commissioner of Mental Health or designee;

(17) one judge, appointed by the Chief Justice of the Vermont Supreme Court;

(18) a sheriff with experience and interest in combating domestic violence, appointed by the Vermont Sheriffs’ Association;

(19) a restorative justice practitioner from a community justice center, appointed by the Attorney General;

(20) the Director of Victim Services for the Vermont State Police or designee;

(21) the Executive Director of the Vermont Center for Crime Victim Services or designee;

(22) a State’s Attorney victim advocate, appointed by the Executive Director of the Department of State’s Attorneys and Sheriffs; and

(23) the Director of Victim Services for the Department of Corrections or designee.

(c) In any case subject to review by the Commission, upon written request of the Commission, a person who possesses information or records that are necessary and relevant to a domestic violence fatality or near-fatal incident review shall, as soon as practicable, provide the Commission with the information and records. A person who provides information or records upon request of the Commission is not criminally or civilly liable for providing information or records in compliance with this section. The Commission shall review fatalities and near-fatal incidents that are not under investigation and fatalities and near-fatal incidents in cases that are postadjudication that have received a final judgment.

(d) The proceedings and records of the Commission are confidential and are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action. The Commission shall disclose conclusions and recommendations upon request, but may not disclose information, records, or data that are otherwise confidential, such as autopsy records. The Commission shall not use the information, records, or data for purposes other than those designated by subsections (a) and (g) of this section.

(e) The Commission is authorized to require any person appearing before it to sign a confidentiality agreement created by the Commission in order to maintain the confidentiality of the proceedings. In addition, the Commission may enter into agreements with nonprofit organizations and private agencies to obtain otherwise confidential information.

(f) Commission meetings are confidential, and shall be exempt from 1 V.S.A. chapter 5, subchapter 2 (open meetings law). Commission records are confidential and shall be exempt from 1 V.S.A. chapter 5, subchapter 3 (public access to records).

(g) The Commission shall report its findings and recommendations to the Governor, the General Assembly, the Chief Justice of the Vermont Supreme Court, and the Vermont Council on Domestic Violence not later than the third Tuesday in January of the first year of the biennial session. The report shall be available to the public through the Office of the Attorney General. The Commission may issue data or other information periodically, in addition to the biennial report. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(h) In the findings and recommendations required by subsection (g) of this section, the Commission shall report the number of defendants ordered to complete a domestic violence accountability program approved by the Council on Domestic Violence pursuant to subdivision 1103(c)(2)(J) of this title and the number of those defendants who completed the program.

(Added 2001, No. 88 (Adj. Sess.), § 1, eff. May 2, 2002; amended 2009, No. 135 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 112; 2013, No. 142 (Adj. Sess.), § 25; 2025, No. 25, § 1, eff. May 20, 2025; 2025, No. 46, § 4, eff. July 1, 2025.)

Subchapter 3 Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking

§ 1150 Findings and intent

(a) The General Assembly finds that:

(1) persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, and human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them; and

(2) persons who provide reproductive health care services or gender- affirming health care services, persons who assist others in obtaining reproductive health care services or gender-affirming health care services, and persons who exercise their legal right to obtain reproductive health care services or gender-affirming health care services in this State may be harassed, intimidated, or threatened because of their legally protected health care activity.

(b) It is the purpose of this subchapter to:

(1) enable State and local agencies to respond to requests for public records without disclosing the location of persons identified in subsection (a) of this section;

(2) promote interagency cooperation with the Secretary of State in providing address confidentiality for persons identified in subsection (a) of this section; and

(3) enable State and local agencies and school districts to accept a Program participant’s use of an address, and local agencies to accept an address, designated by the Secretary of State as a substitute mailing address.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2023, No. 14, § 8, eff. May 10, 2023.)

§ 1151 Definitions

Unless the context clearly requires otherwise, the definitions in this section apply throughout the subchapter.

(1) “Actual address” means the physical location where the applicant resides and may include a school address or work address of an individual, as specified on the individual’s application to be a Program participant under this chapter.

(2) “Agency” means any subdivision of the State of Vermont, a municipality, or a subdivision of a municipality.

(3) “Domestic violence” means an act of abuse as defined in subdivision 1101(1) of this title and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

(4) “Gender-affirming health care services” has the same meaning as provided in 1 V.S.A. § 150.

(5) “Human trafficking” means conduct prohibited by 13 V.S.A. § 2652 or 2653, and includes a threat of such, regardless of whether the conduct or threat of conduct has been reported to law enforcement officers.

(6) “Law enforcement agency” means the Department of Public Safety, a municipal police department, a sheriff’s department, the Attorney General’s Office, a State’s Attorney’s Office, or certified law enforcement officers of the Department of Motor Vehicles, Agency of Natural Resources, or Department of Liquor and Lottery. “Law enforcement agency” also means the Department for Children and Families when engaged in:

(A) the investigation of child abuse and neglect;

(B) the delivery of services to families and children with whom the Department is working pursuant to the provisions of 33 V.S.A. chapters 51, 52, and 53; or

(C) the performance of the Department’s responsibilities pursuant to an interstate compact to which the State is a party.

(7) “Law enforcement purpose” means all matters relating to:

(A) the prevention, investigation, prosecution, or adjudication of criminal offenses, civil matters, or juvenile matters;

(B) the investigation, prosecution, adjudication, detention, supervision, or correction of persons suspected, charged, or convicted of criminal offenses or juvenile delinquencies;

(D) the execution and enforcement of court orders;

(E) service of criminal or civil process or court orders;

(F) screening for criminal justice employment;

(G) other actions taken in performance of official duties, as set forth by statutes, rules, policies, judicial case law, and the U.S. and Vermont Constitutions; and

(H) criminal identification activities, including the collection, storage, and dissemination of criminal history records, as defined in 20 V.S.A. § 2056a(a)(1), sex offender registry information, and DNA material and information.

(8) “Program participant” means a person certified as a Program participant under this chapter.

(9) “Public record” means a public record as defined in 1 V.S.A. § 317.

(10) “Reproductive health care services” has the same meaning as provided in 1 V.S.A. § 150.

(11) “Secretary” means the Vermont Secretary of State.

(12) “Sexual assault” means an act of assault as defined in 13 V.S.A. § 3252(a) or (b) (sexual assault) or 3253(a) (aggravated sexual assault), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

(13) “Stalking” means conduct as defined in 13 V.S.A. § 1061 (stalking) or 1063 (aggravated stalking), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

(14) “Substitute address” means the Secretary’s designated address for the Address Confidentiality Program.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 2, eff. May 21, 2001; 2011, No. 94 (Adj. Sess.), § 2, eff. May 1, 2012; 2013, No. 131 (Adj. Sess.), § 113; 2019, No. 73, § 25; 2023, No. 14, § 8, eff. May 10, 2023.)

§ 1152 Address Confidentiality Program; application; certification

(a) An adult person, a parent, or a legal guardian acting on behalf of a minor or a legal guardian acting on behalf of an incapacitated person may apply to the Secretary of State to have an address designated by the Secretary serve as the person’s address or the address of the minor or incapacitated person. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State, and if it contains:

(1) a statement made under oath by the applicant that:

(A) the applicant, or the minor or incapacitated person on whose behalf the application is made:

(i) is a victim of domestic violence, sexual assault, stalking, or human trafficking; or

(ii) is a person providing, assisting another person in obtaining, or obtaining for themselves reproductive health care services or gender-affirming health care services in this State;

(B) the applicant fears for the applicant’s safety or the applicant’s children’s safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(C) the parent or legal guardian applying on behalf of a minor or incapacitated person has legal authority to act on the person’s behalf;

(D) if the applicant is under the supervision of the Department of Corrections, the applicant has notified the Department of the actual address and the applicant authorizes the release of the actual address to the Department; and

(E) if the applicant is required to report the actual address for the Sex Offender Registry under 13 V.S.A. chapter 167, subchapter 3, the applicant authorizes the release of the actual address to the Registry;

(2) a designation of the Secretary as agent for purposes of service of process and for the purpose of receipt of mail;

(3) the mailing address and email address where the applicant can be contacted by the Secretary and the telephone number or numbers where the applicant can be called by the Secretary;

(4) the new address or addresses within Vermont that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, stalking, human trafficking, harassment, intimidation, or threats; and

(5) the signature of the applicant and the name of any individual or representative of any office who assisted in the preparation of the application and the date on which the applicant signed the application.

(b) Applications shall be filed directly with the Office of the Secretary or through a certified applicant assistant.

(c) Upon receipt of a properly completed application, the Secretary shall certify the applicant as a Program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or canceled before that date. The Secretary shall by rule establish a renewal procedure.

(d) A person who knowingly provides false or incorrect information to the Secretary as required by this chapter may be prosecuted under 13 V.S.A. § 2904.

(e) A Program participant shall notify the Secretary of State of a change of actual address within seven days following the change of address.

(f) The Civil or Family Division of Washington County Superior Court shall have jurisdiction over petitions for protective orders filed by Program participants pursuant to 12 V.S.A. §§ 5133 and 5134, to sections 1103 and 1104 of this title, and to 33 V.S.A. § 6935. A Program participant may file a petition for a protective order in the county in which the participant resides or in Washington County to protect the confidentiality of the participant’s address.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 3, eff. May 21, 2001; 2011, No. 94 (Adj. Sess.), § 3, eff. May 1, 2012; 2013, No. 17, § 10; 2023, No. 14, § 8, eff. May 10, 2023.)

§ 1153 Certification cancellation

(a) The Secretary of State may cancel a Program participant’s certification if, after the passage of 14 days:

(1) from the date of changing his or her name, the Program participant does not notify the Secretary that he or she has obtained a name change; however, the Program participant may reapply under his or her new name;

(2) from the date of changing his or her address, the Program participant fails to notify the Secretary of the change of address; or

(3) from the date the secretary first receives mail, forwarded to the Program participant’s address, returned as nondeliverable.

(b) The Secretary shall cancel certification of a Program participant who applies using false information.

(c) The Secretary shall send notice of cancellation to the Program participant. Notice of cancellation shall set out the reasons for cancellation. The Program participant shall have 30 days to appeal the cancellation decision under procedures developed by the Secretary.

(d) Program participants may withdraw from the Program by giving the Secretary written notice of their intention. The Secretary shall establish, by rule, a secure procedure for ensuring that the request for withdrawal is legitimate.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 4, eff. May 21, 2001.)

§ 1154 Agency use of designated address; agency other than law enforcement agency

(a) A Program participant shall request that State and local agencies, other than law enforcement agencies, use the substitute address as the participant’s address. When creating a new public record, State and local agencies, other than law enforcement agencies, shall accept the substitute address, unless the Secretary has determined that:

(1) the agency has a bona fide requirement for the use of the actual address that would otherwise be confidential under this subchapter;

(2) the address will be used only for those statutory and administrative purposes;

(3) the agency has identified the specific Program participant’s record for which the waiver is requested;

(4) the agency has identified the individuals who will have access to the record; and

(5) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.

(b) During the review, evaluation, and appeal of an agency’s request, the agency shall accept the use of a Program participant’s substitute address.

(c) The Secretary’s determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of the information under subsection (a) of this section.

(d) If the Secretary finds that the agency has a bona fide purpose for the actual address and that the information will only be used for that purpose, the Secretary shall issue the actual address to the agency. Prior to granting the waiver, the Secretary shall notify the Program participant of the waiver, including the name of the agency and the reasons for the waiver. If granted a waiver, the agency shall maintain the confidentiality of the Program participant’s address by redacting the actual address when the record is released to any person.

(e) Denial of the agency waiver request must be made in writing and include a statement of the reasons for denial.

(f) Acceptance or denial of the agency’s waiver request constitutes final agency action. An aggrieved party may appeal.

(g) A Program participant may use the address designated by the Secretary as his or her work address.

(h) The Office of the Secretary shall forward all first-class mail to the appropriate Program participants.

(i) The Secretary shall keep a record of all waivers and all documentation relating to requests for waivers.

(j) Any agency receiving a waiver may not make the Program participant’s actual address available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for a law enforcement purpose as defined in subdivision 1151(5) of this title; or

(2) if directed by a court order to a person identified in the order.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 5, eff. May 21, 2001.)

§ 1154a Agency use of designated address; law enforcement agency

(a) If requested in person by a Program participant to the person creating the record prior to the creation of the record, and upon proof of participation in the Program established by this chapter, a law enforcement agency shall use the participant’s substitute address in:

(1) a summons or complaint for a violation within the jurisdiction of the judicial bureau as set forth in 4 V.S.A. § 1102.

(2) a citation to appear under Rule 3 of the Vermont Rules of Criminal Procedure; or

(3) an accident report filed with the Department of Motor Vehicles.

(b) Nothing in this subchapter shall prevent a law enforcement agency from requiring that a Program participant provide his or her actual address upon request from the agency.

(Added 2001, No. 28, § 6, eff. May 21, 2001.)

§ 1155 Disclosure of address prohibited; exceptions

(a) The Secretary of State may not make a Program participant’s address, other than the address designated by the Secretary, available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for a law enforcement purpose as defined in subdivision 1151(5) of this title; or

(2) if directed by a court order to a person identified in the order; or

(3) to verify the participation of a specific Program participant, in which case the Secretary may only confirm information supplied by the requester.

(b) The Secretary shall ensure by rule that:

(1) when a law enforcement agency determines it has an immediate need for a participant’s actual address, disclosure of the address shall occur immediately; and

(2) in other circumstances, there is an expedited process for disclosure.

(c) The Secretary may request that an agency review its disclosure requests to determine whether such requests were appropriate.

(d) The Secretary shall provide immediate notification of disclosure to a program participant when disclosure takes place under subdivisions (a)(2) and (3) of this section.

(e)(1) No person shall knowingly and intentionally obtain a Program participant’s actual address from the Secretary knowing that he or she was not authorized to obtain the address information.

(2) No employee of a state, local, or municipal agency or sheriff’s department shall knowingly and intentionally disclose, with the intent to disseminate to the individual from whom the Program participant is seeking address confidentiality, a participant’s actual address to a person known to the employee to be prohibited from receiving the participant’s actual address, unless such disclosure is permissible by law. This subdivision is only intended to apply when an employee obtains a participant’s actual address during the course of the employee’s official duties and, at the time of disclosure, the employee has specific knowledge that the address disclosed belongs to a person who is participating in the Program.

(3) Nothing in this chapter shall prohibit an agency or agency employee from disclosing or providing a participant’s actual address to an agency attorney providing advice to an agency or agency employee, nor shall any agency attorney be prohibited, except as set forth in section 1156 of this title, from disclosing a participant’s actual address to other law enforcement employees, other agency attorneys, paralegals, or their support staff, if disclosure is related to providing such advice or to the agency attorney’s representation of the agency or agency employee. In the case of law enforcement, agency attorneys shall also include the attorneys in the office of the State’s Attorneys, Attorney General and the U.S. attorney. An attorney, during the course of providing advice to another person or agency, shall not be subject to the provisions set forth in subdivisions 1155(e)(1) and (2) of this title, nor shall any actionable duty arise from giving such advice.

(4) A person who violates subdivisions (1) or (2) of this subsection shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. Nothing in this subdivision shall preclude criminal prosecution for a violation.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 7, eff. May 21, 2001.)

§ 1156 Nondisclosure of address in criminal and civil proceedings

No person shall be compelled to disclose a Program participant’s actual address during the discovery phase of or during a proceeding before a court of competent jurisdiction or administrative tribunal unless the court or administrative tribunal finds, based upon a preponderance of the evidence, that the disclosure is required in the interests of justice. A court or administrative tribunal may seal that portion of any record that contains a Program participant’s actual address. Nothing in this subchapter shall prevent the State, in its discretion, from using a Program participant’s actual address in any document or record filed with a court or administrative tribunal if, at the time of filing, the document or record is not a public record.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 8, eff. May 21, 2001.)

§ 1157 Assistance for Program applicants

The Secretary of State shall make available a list of State and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, and human trafficking to assist persons applying to be Program participants pursuant to subdivision 1152(a)(1)(A)(i) of this title. Such information provided by the Office of the Secretary or designees to applicants shall in no way be construed as legal advice.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2011, No. 94 (Adj. Sess.), § 4, eff. May 1, 2012; 2023, No. 14, § 8, eff. May 10, 2023.)

§ 1158 Voting by Program participant

A Program participant who is otherwise qualified to vote may register to vote and apply for an early voter absentee ballot pursuant to rules adopted by the Secretary of State under section 1160 of this title. Such rules shall enable a town clerk to substitute, on all voting records of the town, the designation “blind ballot” wherever the name or address of the voter might otherwise appear. The Program participant shall receive early voter absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as early or absentee voters who qualify under 17 V.S.A. § 2531. The town clerk shall transmit the early voter absentee ballot to the Program participant at the address designated by the participant in his or her application. Neither the name nor the address of a Program participant shall be included in any list of registered voters available to the public.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 6, §§ 12(a), 12(b), eff. April 10, 2001.)

§ 1159 Custody and visitation orders

Nothing in this chapter, nor participation in this Program, affects custody or visitation orders in effect prior to or during program participation.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001.)

§ 1160 Adoption of rules

(a) The Secretary of State shall adopt rules necessary to perform the Secretary’s duties under this subchapter relating to:

(1) program application and certification;

(2) certification cancellation;

(3) agency use of designated addresses and exceptions;

(4) voting by Program participants; and

(5) recording of vital statistics for Program participants.

(b) All such rules shall conform with the findings and intent of the General Assembly, as described in section 1150 of this title, and shall be designed with an understanding of the needs and circumstances of Program participants.

(Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2011, No. 94 (Adj. Sess.), § 5, eff. May 1, 2012; 2023, No. 14, § 8, eff. May 10, 2023.)

Subchapter 4 Vermont Council on Domestic Violence

§ 1171 Creation of Vermont Council on Domestic Violence

There is created the Vermont Council on Domestic Violence. The Council shall provide leadership for Vermont’s statewide effort to eradicate domestic violence.

(Added 2007, No. 174 (Adj. Sess.), § 14.)

§ 1172 Purpose; powers; duties

(a) The Council shall:

(1) facilitate opportunities for dialogue, advocacy, education, and support among State agencies, advocacy groups, and the public;

(2) collect, review, and analyze data and information relating to domestic violence;

(3) provide assistance in developing effective responses to domestic violence, including model policies and procedures, prevention and education initiatives, and domestic-violence-related programs for the criminal justice and human services sectors; specifically, the Council shall work with the Department of State’s Attorneys and Sheriffs and the Department of Corrections to develop recommendations for practice in evidence-based prosecution, risk assessment with domestic violence offenders, the use of deferred sentences in domestic violence cases, standardized probation conditions for domestic violence offenders, appropriate programming options for domestic violence offenders, and strategies for addressing victims of domestic violence who commit crimes as a result of the coercion of a batterer;

(4) recommend changes in State programs, laws, administrative regulations, policies, and budgets related to domestic violence;

(5) establish and maintain standards for intervention programs for perpetrators of domestic violence, and develop a process for certifying that programs are complying with the standards;

(6) review and comment upon legislation relating to domestic violence introduced in the General Assembly at the request of any member of the General Assembly or on its own initiative; and

(7) study the issue of employment discrimination against victims of domestic violence and suggest model workplace protections and policies.

(b) The Council shall collaborate with the Vermont Fatality Review Commission to develop strategies for implementing the Commission’s recommendations.

(Added 2007, No. 174 (Adj. Sess.), § 14; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)

§ 1173 Composition and meetings

(a) The Council shall consist of the following members to be appointed as follows:

(1) To be appointed by the Governor:

(A) one member of the public who shall be a survivor of domestic violence;

(B) a representative from the same-sex domestic violence service provider community;

(D) a representative from the Department of State’s Attorneys and Sheriffs;

(E) a prosecutor from one of the STOP Domestic Violence units;

(F) a member of the Vermont clergy; and

(G) one member of the public representing the interests of children exposed to domestic violence.

(2) To be appointed by the Chief Justice of the Vermont Supreme Court:

(A) five members of the judiciary, one of whom may be a magistrate, one of whom may be an assistant judge, and one of whom may be a court manager;

(B) one guardian ad litem;

(D) a representative of the Vermont Bar experienced in family law.

(3) The following members:

(A) the Secretary of Human Services or designee;

(B) the Director of the Vermont Crime Information Center or designee;

(D) the Attorney General or designee;

(E) the Executive Director of the Vermont Center for Crime Victim Services or designee;

(F) the Director of the Vermont Network Against Domestic and Sexual Violence or designee;

(G) the Executive Director of the Criminal Justice Training Council or designee;

(H) the Executive Director of the Vermont Commission on Women or designee;

(I) a representative from each county domestic violence task force;

(J) a representative from Vermont’s Supervised Visitation Coalition;

(K) a representative from the Vermont Police Chiefs’ Association;

(L) a representative from the Vermont Sheriffs’ Association;

(M) a representative from the Vermont Coalition of Batterer Intervention Services;

(N) the Commissioner for Children and Families or designee;

(O) the Commissioner of Public Safety or designee;

(P) the Commissioner of Corrections or designee; and

(Q) the Secretary of Education or designee.

(b) The Council may establish any committees necessary to carry out its duties.

(Added 2007, No. 174 (Adj. Sess.), § 14; amended 2013, No. 92 (Adj. Sess.), § 255, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 71; 2015, No. 97 (Adj. Sess.), § 81.)

Subchapter 5 Abusive Litigation

§ 1181 Definitions

As used in this subchapter:

(1) “Abusive litigation” means litigation where the criteria set forth below in each of subdivisions (A)–(D) are found to have been established:

(A) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party.

(B) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party pursuant to:

(i) a final order issued pursuant to subchapter 1 of this chapter (abuse prevention orders);

(ii) a final order issued pursuant to 12 V.S.A. chapter 178 (orders against stalking or sexual assault);

(iii) a final foreign abuse prevention order;

(iv) an order under section 665a of this title (conditions of parent- child contact in cases involving domestic violence);

(v) a conviction for domestic assault pursuant to 13 V.S.A. chapter 19, subchapter 6; stalking pursuant to 13 V.S.A. chapter 19, subchapter 7; or sexual assault pursuant to 13 V.S.A. chapter 72; or

(vi) a court determination of probable cause for a charge of domestic assault and the court imposed criminal conditions of release pertaining to the safety of the victim, which include distance restrictions or restrictions on contact with the victim.

(C) The litigation is being initiated, advanced, or continued primarily for the purpose of abusing, harassing, intimidating, threatening, or maintaining contact with the other party.

(D) At least one of the following applies:

(i) the claims, allegations, or other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;

(ii) the allegations and other factual contentions made in the litigation are without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation; or

(iii) an issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.

(2) “Foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, or 12 V.S.A. chapter 178. “Other state” and “issuing state” mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(3) “Litigation” means any kind of legal action or proceeding, including:

(A) filing a summons, complaint, or petition;

(B) serving a summons, complaint, or petition, regardless of whether it has been filed;

(D) serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled;

(E) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request; or

(F) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request.

(4) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation.

(Added 2023, No. 48, § 1, eff. September 1, 2023.)

§ 1182 Order restricting abusive litigation

(a) A party who meets the requirements of subdivision 1181(1) of this title may request an order restricting abusive litigation:

(1) in any answer or response to the litigation being filed, initiated, advanced, or continued;

(2) by motion made at any time during any open or ongoing case;

(3) in an answer or response to any motion or request for an order; or

(4) orally in any hearing.

(b) Any court of competent jurisdiction may, on its own motion or on motion of a party, determine that a hearing is necessary to determine if a party is engaging in abusive litigation.

(c) Proceedings pursuant to this subchapter may be initiated by petition instituting a new case or by motion in a pending case.

(d) The Court Administrator shall create forms for a petition or motion for an order restricting abusive litigation and an order restricting abusive litigation, and the forms shall be maintained by the clerks of the courts.

(e) No filing fee shall be charged to the unrestricted party for proceedings pursuant to this subchapter, regardless of whether it is filed pursuant to this subchapter.

(f) The provisions of this subchapter are nonexclusive and shall not affect any other remedy available.

(Added 2023, No. 48, § 1, eff. September 1, 2023.)

§ 1183 Hearing; procedure

At the hearing, evidence of any of the following shall create a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party:

(1) The same or substantially similar issues between the same or substantially similar parties have been litigated within the past five years in the same court or any other court of competent jurisdiction.

(2) The same or substantially similar issues between the same or substantially similar parties have been raised, pled, or alleged in the past five years and were decided on the merits or dismissed.

(3) Within the last 10 years, the party allegedly engaging in abusive litigation has been sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.

(4) Any court has determined that the party allegedly engaging in abusive litigation has previously engaged in abusive litigation or similar conduct and has been subject to a court order imposing prefiling restrictions.

(Added 2023, No. 48, § 1, eff. September 1, 2023.)

§ 1184 Burden of proof

(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, or resolved by other disposition with prejudice.

(b) After providing the parties an opportunity to be heard on any order or sanctions to be issued, the court may enter an order restricting abusive litigation that may include conditions deemed necessary and appropriate including:

(1) awarding the other party reasonable attorney’s fees and costs of responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation; and

(2) identifying the party protected by the order and imposing prefiling restrictions upon the party found to have engaged in abusive litigation that pertains to any future litigation against the protected party or the protected party’s dependents.

(c) If the court finds that the litigation does not constitute abusive litigation, the court shall enter written or oral findings and the litigation shall proceed. Nothing in this section or chapter shall be construed as limiting the court’s inherent authority to control the proceedings and litigants before it.

(Added 2023, No. 48, § 1, eff. September 1, 2023.)

§ 1185 Filing of a new case by a person subject to an order restricting abusive litigation

(a) Except as otherwise provided in this section, a person who is subject to an order restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the litigation against the protected party for the period of time that the filing restrictions are in effect.

(b) A person who is subject to an order restricting litigation against whom prefiling restrictions have been imposed pursuant to this subchapter who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing restrictions shall make an application to a judicial officer. A judicial officer shall review such application and determine whether the proposed litigation is abusive litigation or if there are reasonable and legitimate grounds upon which the litigation is based. The judicial officer shall determine whether a hearing is necessary.

(c)(1) If the judicial officer determines the proposed litigation is abusive litigation based on reviewing the files, records, and pleadings, it is not necessary for the person protected by the order to appear or participate in any way. If the judicial officer is unable to determine whether the proposed litigation is abusive without hearing from the person protected by the order, then the court shall issue an order scheduling a hearing and notifying the protected party of the party’s right to appear or participate in the hearing. The order shall specify whether the protected party is expected to submit a written response. When possible, the protected party shall be permitted to appear remotely.

(2) If the judicial officer believes the litigation that the party who is subject to the prefiling order is making application to file will constitute abusive litigation, the application shall be denied, dismissed, or otherwise disposed of with prejudice.

(3) If the judicial officer believes that the litigation the party who is subject to the prefiling order is making application to file will not be abusive litigation, the judicial officer may grant the application and issue an order permitting the filing of the case, motion, or pleading. The order shall be attached to the front of the pleading to be filed with the clerk. The party who is protected by the order shall be served with a copy of the order at the same time as the underlying pleading.

(d) The judicial officer shall make findings and issue a written order supporting the ruling. If the party who is subject to the order disputes the finding of the judicial officer, the party may seek review of the decision as provided by the applicable court rules.

(e) If the application for the filing of a pleading is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of any applicable period of limitations within which the matter must be instituted.

(f) If, after a party who is subject to prefiling restrictions has made application and been granted permission to file or advance a case pursuant to this section, any judicial officer hearing or presiding over the case, or any part thereof, determines that the person is attempting to add parties, amend the complaint, or is otherwise attempting to alter the parties and issues involved in the litigation in a manner that the judicial officer reasonably believes would constitute abusive litigation, the judicial officer shall stay the proceedings and refer the case back to the judicial officer who granted the application to file, for further disposition.

(g)(1) If a party who is protected by an order restricting abusive litigation is served with a pleading filed by the person who is subject to the order, and the pleading does not have an attached order allowing the pleading, the protected party may respond to the case by filing a copy of the order restricting abusive litigation.

(2) If it is brought to the attention of the court that a person against whom prefiling restrictions have been imposed has filed a new case or is continuing an existing case without having been granted permission pursuant to this section, the court shall dismiss, deny, or otherwise dispose of the matter. This action may be taken by the court on the court’s own motion or initiative. The court may take whatever action against the perpetrator of abusive litigation deemed necessary and appropriate for a violation of the order restricting abusive litigation.

(Added 2023, No. 48, § 1, eff. September 1, 2023.)

Chapter 23 Civil Unions

§ 1201 Definitions

As used in this chapter:

(1) “Certificate of civil union” means a document that certifies that the persons named on the certificate have established a civil union in this state in compliance with this chapter and 18 V.S.A. chapter 106.

(2) “Civil union” means that two eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses.

(3) “Commissioner” means the Commissioner of Health.

(4) [Repealed.]

(5) “Party to a civil union” means a person who has established a civil union pursuant to this chapter and 18 V.S.A. chapter 106.

(Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 12, eff. Sept. 1, 2009.)

§ 1202 Requisites of a valid civil union

For a civil union to be established in Vermont, it shall be necessary that the parties to a civil union satisfy all of the following criteria:

(1) not be a party to another civil union or a marriage;

(2) be of the same sex;

(3) meet the criteria and obligations set forth in 18 V.S.A. chapter 106.

(Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 6, eff. Sept. 1, 2009.)

§ 1203 Person shall not enter a civil union with a relative

(a) A woman shall not enter a civil union with her mother, grandmother, daughter, granddaughter, sister, brother’s daughter, sister’s daughter, father’s sister, or mother’s sister.

(b) A man shall not enter a civil union with his father, grandfather, son, grandson, brother, brother’s son, sister’s son, father’s brother, or mother’s brother.

(c) A civil union between persons prohibited from entering a civil union in subsection (a) or (b) of this section is void.

(Added 1999, No. 91 (Adj. Sess.), § 3.)

§ 1204 Benefits, protections, and responsibilities of parties to a civil union

(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage.

(b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law.

(c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons.

(d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union.

(e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union:

(1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);

(2) causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, dramshop, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;

(3) probate law and procedure, including nonprobate transfer;

(4) adoption law and procedure;

(5) group insurance for State employees under 3 V.S.A. § 631, and continuing care contracts under 8 V.S.A. § 8005;

(6) spouse abuse programs under 3 V.S.A. § 18;

(7) prohibitions against discrimination based upon marital status;

(8) victim’s compensation rights under 13 V.S.A. § 5351;

(9) workers’ compensation benefits;

(10) laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, including the Patient’s Bill of Rights under 18 V.S.A. chapter 42 and the Nursing Home Residents’ Bill of Rights under 33 V.S.A. chapter 73;

(11) advance directives under 18 V.S.A. chapter 111;

(12) family leave benefits under 21 V.S.A. chapter 5, subchapter 4A;

(13) public assistance benefits under State law;

(14) laws relating to taxes imposed by the State or a municipality;

(15) laws relating to immunity from compelled testimony and the marital communication privilege;

(16) the homestead rights of a surviving spouse under 27 V.S.A. § 105 and homestead property tax allowance under 32 V.S.A. § 6062;

(17) laws relating to loans to veterans under 8 V.S.A. § 1849;

(18) the definition of family farmer under 10 V.S.A. § 272;

(19) laws relating to the making, revoking and objecting to anatomical gifts by others under 18 V.S.A. § 5250i;

(20) State pay for military service under 20 V.S.A. § 1544;

(21) application for early voter absentee ballot under 17 V.S.A. § 2532;

(22) family landowner rights to fish and hunt under 10 V.S.A. § 4253;

(23) legal requirements for assignment of wages under 8 V.S.A. § 2235; and

(24) affirmance of relationship under 15 V.S.A. § 7.

(f) The rights of parties to a civil union, with respect to a child of whom either becomes the natural parent during the term of the civil union, shall be the same as those of a married couple, with respect to a child of whom either spouse becomes the natural parent during the marriage.

(Added 1999, No. 91 (Adj. Sess.), § 3; amended 2001, No. 6, § 12(a), eff. April 10, 2001; 2001, No. 140 (Adj. Sess.), § 19, eff. June 21, 2002; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 119 (Adj. Sess.), § 2.)

§ 1205 Modification of civil union terms

Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as married persons who execute an antenuptial agreement or other agreement recognized and enforceable under the law, setting forth particular understandings with respect to their union.

(Added 1999, No. 91 (Adj. Sess.), § 3.)

§ 1206 Dissolution of civil unions

(a) The Family Division of the Superior Court shall have jurisdiction over all proceedings relating to the dissolution of civil unions. Except as otherwise provided, the dissolution of civil unions shall follow the same procedures and be subject to the same substantive rights and obligations that are involved in the dissolution of civil marriage in accordance with chapter 11 of this title, including any residency requirements.

(b) Notwithstanding the provisions of sections 592 and 593 of this title, a complaint for civil union dissolution may be filed in the Family Division of Superior Court in the county in which the civil union certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met:

(1) The civil union of the parties was established in Vermont.

(2) Neither party’s state of legal residence recognizes the couple’s Vermont civil union for purposes of dissolution.

(3) There are no minor children who were born or adopted during the civil union.

(4) The parties file a stipulation together with a complaint that resolves all issues in the dissolution action. The stipulation shall be signed by both parties and shall include the following terms:

(A) An agreement that the terms and conditions of the stipulation may be incorporated into a final order of dissolution.

(B) The facts upon which the court may base a decree of dissolution of a civil union and that bring the matter before the court’s jurisdiction.

(i) Each party understands that if he or she wishes to litigate any issue related to the dissolution before a Vermont court, one of the parties must meet the residency requirement set forth in section 592 of this title.

(ii) Neither party is the subject of an abuse prevention order in a proceeding between the parties.

(iii) There are no minor children who were born or adopted during the civil union.

(iv) Neither party’s state of legal residence recognizes the couple’s Vermont civil union for purposes of dissolution.

(v) Each party has entered into the stipulation freely and voluntarily.

(vi) The parties have exchanged all financial information, including income, assets, and liabilities.

(c) The court shall waive a final hearing on any dissolution action filed pursuant to subsection (b) of this section unless the court determines upon review of the complaint and stipulation that the filing is incomplete or that a hearing is warranted for the purpose of clarifying a provision of the stipulation. Final uncontested hearings in a nonresident dissolution action shall be conducted by telephone unless one or both of the parties choose to appear in person.

(d)(1) Except as provided in 18 V.S.A. § 5131(a)(4), parties to a civil union certified in Vermont who wish to dissolve their civil union after legally marrying one another may do so by following the procedures set forth in this subsection and are not subject to the same substantive rights and obligations that are involved in the dissolution of civil marriage in accordance with chapter 11 of this title, including any hearings, waiting periods, or residency requirements.

(2) Parties to a civil union who are legally wed to one another may dissolve their civil union by filing a petition for uncontested dissolution with the Family Division of the Superior Court in the county in which one or both reside. The application for uncontested dissolution shall be on a form prescribed by the Court Administrator. The form shall be signed by both parties. The parties shall provide a certified copy of their marriage certificate with the petition.

(3) The grounds for dissolution pursuant to this subsection shall be that the parties are legally married at the time of the dissolution of the civil union.

(4) The benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, shall continue in the same manner.

(5) Upon the filing of a petition for uncontested dissolution, the court may immediately grant the petition without requiring a hearing by issuing an order of uncontested dissolution.

(6) The filing fee for a dissolution pursuant to this subsection shall be as provided in 32 V.S.A. § 1431(b)(2) for a complaint filed with a stipulation for a final order that is acceptable to the court.

(Added 1999, No. 91 (Adj. Sess.), § 3; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 92 (Adj. Sess.), § 4.)

§ 1207 Commissioner of Health; duties

(a) The Commissioner shall provide civil union license and certificate forms to all town and county clerks.

(b) The Commissioner shall keep a record of all civil unions.

(Added 1999, No. 91 (Adj. Sess.), § 3.)

Chapter 25 Reciprocal Beneficiaries

§§ 1301-1306 Repealed

[Repealed]

2013, No. 164 (Adj. Sess.), § 2(b).