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2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 594. Representation and testimony of child

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 594a. Temporary relief

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 607. Action by attorney to recover suit money

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 631. Generally

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 632. Jurisdiction; guardian ad litem for libelee with a mental incapacity

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 634. Alimony; distribution of property; care and custody of children

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 635. Support of defendant

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 636. Filing certified copies of orders with court which committed party with a mental condition or psychiatric disability

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 637. Costs and expenses

§ 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.
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 650. Legislative findings and purpose

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 654. Support guideline

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 655. Total child support obligation

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 656. Computation of parental support obligation

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 656a. Adjustment for additional dependents

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 657. Shared or split physical custody

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 659. Child support order

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 661. Child support maintenance supplement

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 662. Income statements

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 664. Definitions

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 665a. Conditions of parent-child contact in cases involving domestic violence

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 666. Agreements between parents

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 667. Evidence

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 668. Modification of order

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 668a. Enforcement of visitation

§ 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
(C) a history of failure to honor the visitation schedule agreed to in the parent-child contact order.
(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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 670. Access to records

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 681. Definitions

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 682. Final order; modification

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 684. Emergency motion to modify; permanent modification

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 685. Testimony and evidence

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 686. No existing final order

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 687. Duty to cooperate and disclose information

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 688. Failure to exercise parent-child contact rights

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 689. Attorney’s fees

§ 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.)
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 711. Sale of property

§ 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.
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 712. Whole of real estate may be sold

§ 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.
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 713. Execution

§ 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.
2023 Vermont Statutes › Title 15 - Domestic Relations › Chapter 11 - Annulment and Divorce › § 714. Disposition of proceeds

§ 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.