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Legal Information: Vermont


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December 13, 2019

If I have PR&R, can I take my kids out of the state?

This may depend on the terms of the order.  Your order may say you can take the children out-of-state; it may say you can’t take the children out-of-state; or it may not address the issue at all. If your order does not specifically allow you to leave the state, you may need to get permission from a judge before leaving.  You may want to have an attorney look over your specific order, to get legal advice about whether or not you can leave the state with your children.

If you take your children out of state in violation of a custody order, you could possibly be charged with custodial interference or the other parent could file for contempt of court.  Contempt of court is when a judge finds that you’ve violated a court order and takes steps to try to force you to follow the order.  Custodial interference is a criminal charge where one parent takes the minor child away from the other parent who has a legal right to see the child.1

Custodial interference and contempt of court can have serious legal consequences.  If you are considering taking your child away from an abusive parent, please talk to an attorney.  For a list of legal resources, please see our VT Finding a Lawyer page.

1 VT ST T. 13 § 2451(a)