§ 1088. Expedited enforcement of child custody determination
(a) A petition under this subchapter shall be verified. Certified copies of all orders
sought to be enforced and of any order confirming registration shall be attached to
the petition. A copy of a certified copy of an order may be attached instead of the
original.
(b) A petition for enforcement of a child custody determination shall state:
(1) whether the court that issued the determination identified the jurisdictional basis
it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is sought has been vacated, stayed,
or modified by a court whose decision must be enforced under this chapter and, if
so, identify the court, the case number, and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect the current proceeding,
including proceedings 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;
(4) the present physical address of the child and the respondent, if known;
(5) whether relief in addition to the immediate physical custody of the child and in addition
to attorney’s fees is sought, including a request for assistance from law enforcement
officials and, if so, the relief sought; and
(6) if the child custody determination has been registered and confirmed under section 1085 of this title, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent
to appear in person with or without the child at a hearing and may enter any order
necessary to ensure the safety of the parties and the child. The hearing must be held
on the next judicial day after service of the order unless that date is impossible.
In that event, the court shall hold the hearing on the first judicial day possible.
The court may extend the date of hearing at the request of the petitioner.
(d) An order issued under subsection (c) of this section shall state the time and place
of the hearing and advise the respondent that at the hearing the court will order
that the petitioner may take immediate physical custody of the child and will order
the payment of fees, costs, and expenses under section 1092 of this title, and the order may schedule a hearing to determine whether further relief is appropriate,
unless the respondent appears and establishes that:
(1) the child custody determination has not been registered and confirmed under section 1085 of this title and:
(A) the issuing court did not have jurisdiction under subchapter 2 of this chapter;
(B) the child custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court having jurisdiction to do so under subchapter 2 of
this chapter; or
(C) the respondent was entitled to notice, but notice was not given in accordance with
the standards of section 1066 of this title, in the proceedings before the court that issued the order for which enforcement
is sought; or
(2) the child custody determination for which enforcement is sought was registered and
confirmed under section 1084 of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under subchapter 2 of this chapter.
(e) Except as otherwise provided in section 1090 of this title, the petition and order shall be served by any method authorized by Vermont law upon
the respondent and any person who has physical custody of the child. (Added 2011, No. 29, § 1.)