§ 1079. Information to be submitted to court
(a) In accordance with Vermont law regarding the confidentiality of procedures, addresses,
and other identifying information in a child custody proceeding, each party, in its
first pleading or in an attached affidavit, shall give information, if reasonably
ascertainable, under oath as to the child’s present address or whereabouts, the places
where the child has lived during the last five years, and the names and present addresses
of the persons with whom the child has lived during that period. The pleading or affidavit
shall state whether the party:
(1) has participated, as a party or witness or in any other capacity, in any other proceeding
concerning the custody of or visitation with the child and, if so, identify the court,
the case number, and the date of the child custody determination, if any;
(2) knows of any other proceeding that could affect the current proceeding, including
any proceeding for enforcement and any proceeding relating to domestic violence, protective
orders, termination of parental rights, and adoptions and, if so, identify the court,
the case number, and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has
physical custody of the child or claims rights of legal custody or physical custody
of or visitation with the child and, if so, give the names and addresses of those
persons.
(b) If the information required by subsection (a) of this section is not furnished, the
court, upon motion of a party or its own motion, may stay the proceeding until the
information is furnished.
(c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) of
this section is in the affirmative, the declarant shall give additional information
under oath as required by the court. The court may examine the parties under oath
as to details of the information furnished and other matters pertinent to the court’s
jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or
any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety,
or liberty of a party or child would be jeopardized by disclosure of identifying information,
the information must be sealed and may not be disclosed to the other party or the
public unless the court orders the disclosure to be made after a hearing in which
the court takes into consideration the health, safety, or liberty of the party or
child and determines that the disclosure is in the interest of justice.
(f) As used in this section, the term “party” shall not include the child in a proceeding
under 33 V.S.A. chapter 51 or 53. (Added 2011, No. 29, § 1.)