The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
JURISDICTION
(Cite as: 15 V.S.A. § 1077)
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§ 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.)