Vermont § 2624 - Jurisdiction; transfer to Family Division

§ 2624. Jurisdiction; transfer to Family Division

• (a) Except as provided in subsection (b) of this section, the Probate Division shall have
  exclusive jurisdiction over proceedings under this article involving guardianship
  of minors. (b)(1)(A) A custodial minor guardianship proceeding brought in the Probate Division under this
  article shall be transferred to the Family Division if there is an open proceeding
  in the Family Division involving custody of the same child who is the subject of the
  guardianship proceeding in the Probate Division. (B) A minor guardianship proceeding brought in the Probate Division under this article
  may be transferred to the Family Division on motion of a party or on the court’s own
  motion if any of the parties to the probate proceeding was a party to a closed divorce
  proceeding in the Family Division involving custody of the same child who is the subject
  of the guardianship proceeding in the Probate Division. (2)(A) When a minor guardianship proceeding is transferred from the Probate Division to the
  Family Division pursuant to subdivision (1) of this subsection (b), the Probate judge
  and a Superior judge assigned to the Family Division shall confer regarding jurisdiction
  over the proceeding. Except as provided in subdivision (B) of this subdivision (2),
  all communications concerning jurisdiction between the Probate judge and the Superior
  judge under this subsection shall be on the record. Whenever possible, a party shall
  be provided notice of the communication and an opportunity to be present when it occurs.
  A party who is unable to be present for the communication shall be provided access
  to the record. (B) It shall not be necessary to inform the parties about or make a record of a communication
  between the Probate judge and the Superior judge under this subsection (b) if the
  communication involves scheduling, calendars, court records, or other similar administrative
  matters. (C) After the Superior judge and Probate judge confer under subdivision (2)(A) of this
  subsection (b), the Superior judge may: (i) consolidate the minor guardianship case with the pending matter in the Family Division
  and determine whether a guardianship should be established under this article; or (ii) transfer the guardianship petition back to the Probate Division for further proceedings
  after the pending matter in the Family Division has been adjudicated. (D) If a guardianship is established by the Family Division pursuant to subdivision (2)(C)(i)
  of this subsection, the guardianship case shall be transferred back to the Probate
  Division for ongoing monitoring pursuant to section 2631 of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)