Vermont § 1089 - Hearing and order
Full text of Vermont Vermont Statutes Online § 1089 — Hearing and order, with citation guidance and answers to common questions.
§ 1089. Hearing and order
- (a) Unless the court issues a temporary emergency order pursuant to section 1074 of this title, upon a finding that a petitioner is entitled to immediate physical custody of the
child, the court shall order that the petitioner may take immediate physical custody
of the child unless the respondent establishes that: (1) the child custody determination has not been registered and confirmed under section 1085 of this title and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child custody determination for which enforcement is sought has been vacated,
stayed, or modified by a court of a state having jurisdiction to do so under subchapter
2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with
the standards of section 1066 of this title, in the proceedings before the court that issued the order for which enforcement
is sought; or (2) the child custody determination for which enforcement is sought was registered and
confirmed under section 1085 of this title but has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under subchapter 2 of this chapter. (b) The court may award the fees, costs, and expenses authorized under section 1091 of this title and may grant additional relief, including a request for the assistance of law enforcement
officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the grounds that the testimony may
be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of
immunity based on the relationship of husband and wife or parent and child may not
be invoked in a proceeding under this subchapter. (Added 2011, No. 29, § 1.)
Frequently Asked Questions About Vermont § 1089
What does Vermont Statutes Online § 1089 cover?
Section 1089 ("Hearing and order") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1089?
A common citation format is "Vermont Statutes Online § 1089" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1089 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.