Vermont Code § 14 V.S.A. § 3167

§ 3167. Jurisdiction declined by reason of conduct
(a) If at any time a Probate Division of the Superior Court of this State determines that
it acquired jurisdiction to appoint a guardian or issue a protective order because
of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy
to ensure the health, safety, and welfare of the respondent or the protection of the
respondent’s property or prevent a repetition of the unjustifiable conduct, including
staying the proceeding until a petition for the appointment of a guardian or issuance
of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required to be notified of the
proceedings have acquiesced in the exercise of the Probate Division’s jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the
factors set forth in subsection 3166(c) of this title; and
(C) whether the court of any other state would have jurisdiction under factual circumstances
in substantial conformity with the jurisdictional standards of section 3163 of this title.
(b) If a Probate Division of the Superior Court of this State determines that it acquired
jurisdiction to appoint a guardian or issue a protective order because a party seeking
to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against
the party necessary and reasonable expenses, including attorney’s fees, investigative
fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
The court may not assess fees, costs, or expenses of any kind against this State or
a governmental subdivision, agency, or instrumentality of this State unless authorized
by law other than this chapter.

‹ Prev All Vermont sections Next ›

Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.