§ 2667 - Order for visitation, contact or information; immediate harm to the minor - Vermont Statutes

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

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

(b) Upon a showing by affidavit of immediate harm to the child, the probate 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 of social and rehabilitation services.

(c) Nothing in this section shall limit the jurisdiction of the family 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.)