The Vermont Statutes Online

Title 15 : Domestic Relations

Chapter 020 : Uniform Child Custody Jurisdiction and Enforcement Act

Subchapter 002 : Jurisdiction

• § 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.)