§ 1074. Temporary emergency jurisdiction
(a) A Vermont court has temporary emergency jurisdiction if the child is present in Vermont, and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child custody determination that is entitled to be enforced under this chapter, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 1071-1073 of this title. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, a child custody determination made under this section becomes a final determination, if it so provides, and Vermont becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, any order issued by a Vermont court under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 1071-1073 of this title. The order issued in Vermont remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A Vermont court that has been asked to make a child custody determination under this section upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 1071-1073 of this title shall immediately communicate with the other court. A Vermont court that is exercising jurisdiction pursuant to sections 1071-1073 of this title, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. (Added 2011, No. 29, § 1.)
Structure Vermont Statutes
Chapter 20 - Uniform Child Custody Jurisdiction and Enforcement Act
§ 1062. Proceedings governed by other law
§ 1063. Application to Indian tribes; international application
§ 1064. Effect of child custody determination
§ 1066. Notice to persons outside State
§ 1067. Appearance and limited immunity
§ 1068. Communication between courts
§ 1069. Taking testimony in another state
§ 1070. Cooperation between courts; preservation of records
§ 1071. Initial child custody jurisdiction
§ 1072. Exclusive; continuing jurisdiction
§ 1073. Jurisdiction to modify determination
§ 1074. Temporary emergency jurisdiction
§ 1075. Notice; opportunity to be heard; joinder
§ 1076. Simultaneous proceedings
§ 1078. Jurisdiction declined by reason of conduct
§ 1079. Information to be submitted to court
§ 1080. Appearance of parties and child
§ 1082. Enforcement under Hague Convention
§ 1085. Registration of child custody determination
§ 1086. Enforcement of registered determination
§ 1087. Simultaneous proceedings
§ 1088. Expedited enforcement of child custody determination
§ 1090. Warrant to take physical custody of child
§ 1091. Costs, fees, and expenses
§ 1092. Recognition and enforcement, appeals
§ 1093. Role of Attorney General; role of law enforcement