2013 Vermont Statutes
Title 14 Decedents' Estates and Fiduciary Relations
Chapter 111 GUARDIANSHIP
§ 2667 Order for visitation, contact or information; immediate harm to the minor

2667. Order for visitation, contact or information; immediate harm to the minor

(a) The probate division of the superior court shall have exclusive jurisdiction to hear any action to enforce, modify, or terminate the initial order issued by the family division of the superior court for visitation, contact, or information.

(b) Upon a showing by affidavit of immediate harm to the child, the probate division of the superior court may temporarily stay the order of visitation or contact on an ex parte basis until a hearing can be held, or stay the order of permanent guardianship and assign parental rights and responsibilities to the commissioner for children and families.

(c) Nothing in this section shall limit the jurisdiction of the family division of the superior court to enter an abuse prevention order pursuant to 15 V.S.A. chapter 21. A breach by the permanent guardian of an order for visitation, contact or information shall not be grounds for voiding or terminating the permanent guardianship. However, the court may enforce the order with all the powers and remedies of the court, including contempt.

(d) A modification of an order of visitation or contact shall be based upon a finding by a preponderance of the evidence that there has been a substantial change in the material circumstances, and that the proposed modification is in the best interests of the child. (Added 1999, No. 162 (Adj. Sess.), 2; amended 2009, No. 97 (Adj. Sess.), 7; 2009, No. 154 (Adj. Sess.), 238; No. 154 (Adj. Sess.), 238a, eff. Feb. 1, 2011.)