Vermont § 3167 - Jurisdiction declined by reason of conduct

§ 3167. Jurisdiction declined by reason of conduct

• (a) If at any time a Probate Division of the Superior Court of this State determines that
  it acquired jurisdiction to appoint a guardian or issue a protective order because
  of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy
  to ensure the health, safety, and welfare of the respondent or the protection of the
  respondent’s property or prevent a repetition of the unjustifiable conduct, including
  staying the proceeding until a petition for the appointment of a guardian or issuance
  of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the
  proceedings have acquiesced in the exercise of the Probate Division’s jurisdiction; (B) whether it is a more appropriate forum than the court of any other state under the
  factors set forth in subsection 3166(c) of this title; and (C) whether the court of any other state would have jurisdiction under factual circumstances
  in substantial conformity with the jurisdictional standards of section 3163 of this title. (b) If a Probate Division of the Superior Court of this State determines that it acquired
  jurisdiction to appoint a guardian or issue a protective order because a party seeking
  to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against
  the party necessary and reasonable expenses, including attorney’s fees, investigative
  fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
  The court may not assess fees, costs, or expenses of any kind against this State or
  a governmental subdivision, agency, or instrumentality of this State unless authorized
  by law other than this chapter. (Added 2011, No. 56, § 25.)