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Legal Statutes: Vermont

UPDATED March 29, 2017

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Subchapter 2. Jurisdiction

back to top1077. Inconvenient forum

(a) A Vermont court which 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.
2011, No. 29, § 1, eff. July 1, 2011.