(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.)
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2025–2026 · leading case: In Re Adoption of Kp (Vt. Super. Ct. 2025).
In Re Adoption of Kp (Vt. Super. Ct. 2025). · cites it 2ד§ 3-207 and 4 V.S.A. § 455. Entry Order, 155-12-18 Ledm (Dec.”
In Re K.P. / in Re Adoption of K.P., 2026 VT 4 (Vt. 2026). · cites it 2דSuch a consolidation may be ordered by the Family Division of the Superior Court receiving the adoption action, pursuant to 4 V.S.A. § 455. See also 4 V.S.A. § 455(b) (stating family division shall order transfer of adoption action filed in probate division “if it finds that the…”
— Vt. Stat. Ann. tit. 04, § 455(b) — 1 case
In Re K.P. / in Re Adoption of K.P., 2026 VT 4 (Vt. 2026). “Such a consolidation may be ordered by the Family Division of the Superior Court receiving the adoption action, pursuant to 4 V.S.A. § 455. See also 4 V.S.A. § 455(b) (stating family division shall order transfer of adoption action filed in probate division “if it finds that the…”
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