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§455. Transfer of Probate proceedings


Published: 2015

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The Vermont Statutes Online



Title

04

:
Judiciary






Chapter

010

:
FAMILY COURT






Subchapter

001
:
FAMILY COURT










 

§

455. Transfer of Probate proceedings

(a) Any

guardianship action filed in the Probate Division of the Superior Court

pursuant to 14 V.S.A. chapter 111, subchapter 2, article 1 and any adoption

action filed in the Probate Division pursuant to Title 15A may be transferred

to the Family Division of the Superior Court.

(b) In an

adoption action filed in the Probate Division pursuant to Title 15A, the Family

Division shall order the transfer of the proceeding on motion of a party or on

its own motion if it finds that the identity of the parties, issues, and

evidence are so similar in nature to the parties, issues, and evidence in a

proceeding pending in the Family Division that transfer of the probate action

to the Family Division would expedite resolution of the issues or would best

serve the interests of justice. (Added 1989, No. 221 (Adj. Sess.), § 1, eff.

Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 28a, eff. Feb. 1, 2011;

2013, No. 170 (Adj. Sess.), § 5, eff. Sept. 1, 2014.)