(a) An order of the court may be set aside in accordance with Rule 60 of the Vermont Rules
of Civil Procedure.
(b) Upon motion of a party or the court’s own motion, the court may amend, modify, set
aside, or vacate an order on the grounds that a change in circumstances requires such
action to serve the best interests of the child. The motion shall set forth in concise
language the grounds upon which the relief is requested.
(c) Any order under this section shall be made after notice and hearing; however, the
court may waive the hearing upon stipulation of the parties. All evidence helpful
in determining the questions presented, including hearsay, may be admitted and relied
upon to the extent of its probative value, even though not competent in a hearing
on the petition. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
In re D.C., Juv., 2016 VT 72 (Vt. 2016). · cites it 13דThe superior court held that the PCR statute does not apply to juvenile delinquency proceedings and that the only remedy available to petitioner was through 33 V.S.A. § 5113 and Vermont Rule of Civil Procedure 60(b), but that route was foreclosed because petitioner’s claim was…”
In re C.L., Juv., 2021 VT 66 (Vt. 2021). · cites it 12דThat rule provides that a juvenile disposition order may be stayed pending appeal and that “the superior court retains jurisdiction to modify or vacate its order under 33 V.S.A. § 5113.” V.R.A.P. 8(c); see also V.”
In re C.L.S., Juv., 2021 VT 25 (Vt. 2021). · cites it 7ד12(d)(2)(C) (stating that family court in juvenile case retains jurisdiction during pendency of appeal to modify or vacate order under 33 V.S.A. § 5113). Father also could have moved to stay the mandate once this Court issued its decision in the direct appeal 4 The attorney who…”
In re R.W. & N.W., 2011 VT 124 (Vt. 2011). · cites it 2ד2d 652, 654 (1994); see 33 V.S.A. §§ 5113, 5114. A substantial change in material circumstances is “most often found when the parent’s ability to care properly for the child has either stagnated or deteriorated over the passage of time.”
In re T.M. & A.M., Juveniles, 2016 VT 23 (Vt. 2016). · cites it 2ד5 Because we reverse the trial court’s threshold conclusion as to stagnation, we do not address father’s arguments concerning the trial court’s best interests analysis, nor his challenge to certain evidentiary rulings excluding evidence of particular events arguably reflecting…”
In re P.K., Juv., 2017 VT 3 (Vt. 2017). · cites it 3דSee 33 V.S.A. § 5113(a) ("An order of the Court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.”
In re M.P., Juv., 2019 VT 69 (Vt. 2019). · cites it 2דSee 33 V.S.A. § 5113(b) (“Upon motion of a party or the Court’s own motion, the Court may amend, modify, set aside, or vacate an order on the grounds that a change in circumstances requires such action to serve the best interests of the child.”
In re A.W., 87 A.3d 508 (Vt. 2013). · cites it 2דA provision in the juvenile statutes, 33 V.S.A. § 5113, delineates when an existing order in a child-neglect proceeding may be modified.”
In re B.K. & L.K., Juveniles, 179 A.3d 758 (Vt. 2017). · cites it 3דWe note that 33 V.S.A. § 5113 allows the court to consider new evidence in the context of a modification proceeding.”
In re D.C., Juv., 2012 VT 108 (Vt. 2012). “If termination is not sought at the initial disposition hearing but is sought later, the petitioner must show by clear and convincing evidence that changed circumstances exist and termination of parental rights serves the best interests of the child, 33 V.S.A. § 5113(b), as…”
In re C.B., Juv., 2020 VT 80 (Vt. 2020). “See 33 V.S.A. § 5113(b) (explaining that based on party’s motion, court can amend existing disposition based on changed circumstances and in best interests of child).”
In Re G.L., Juv., 2024 VT 60 (Vt. 2024). · cites it 2דHowever, at some point, DCF inadvertently sent one or more documents to Attorney Groce disclosing the agency’s concerns about the foster family and attendant change in position regarding adoption.”
In re C.L.S., Juv., 2021 VT 25 (Vt. 2021). “12(d)(2)(C) (stating that family court in juvenile case retains jurisdiction during pendency of appeal to modify or vacate order under 33 V.S.A. § 5113). Father also could have moved to stay the mandate once this Court issued its decision in the direct appeal 4 The attorney who…”
In re C.L., Juv., 2021 VT 66 (Vt. 2021). “That rule provides that a juvenile disposition order may be stayed pending appeal and that “the superior court retains jurisdiction to modify or vacate its order under 33 V.S.A. § 5113.” V.R.A.P. 8(c); see also V.”
In re D.C., Juv., 2016 VT 72 (Vt. 2016). “The superior court held that the PCR statute does not apply to juvenile delinquency proceedings and that the only remedy available to petitioner was through 33 V.S.A. § 5113 and Vermont Rule of Civil Procedure 60(b), but that route was foreclosed because petitioner’s claim was…”
In re A.W., 87 A.3d 508 (Vt. 2013). “A provision in the juvenile statutes, 33 V.S.A. § 5113, delineates when an existing order in a child-neglect proceeding may be modified.”
In re P.K., Juv., 2017 VT 3 (Vt. 2017). “See 33 V.S.A. § 5113(a) ("An order of the Court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.”
— Vt. Stat. Ann. tit. 33, § 5113(b) — 71 cases
In re C.L., Juv., 2021 VT 66 (Vt. 2021). “That rule provides that a juvenile disposition order may be stayed pending appeal and that “the superior court retains jurisdiction to modify or vacate its order under 33 V.S.A. § 5113.” V.R.A.P. 8(c); see also V.”
In re T.M. & A.M., Juveniles, 2016 VT 23 (Vt. 2016). “5 Because we reverse the trial court’s threshold conclusion as to stagnation, we do not address father’s arguments concerning the trial court’s best interests analysis, nor his challenge to certain evidentiary rulings excluding evidence of particular events arguably reflecting…”
In re M.P., Juv., 2019 VT 69 (Vt. 2019). “See 33 V.S.A. § 5113(b) (“Upon motion of a party or the Court’s own motion, the Court may amend, modify, set aside, or vacate an order on the grounds that a change in circumstances requires such action to serve the best interests of the child.”
In re P.K., Juv., 2017 VT 3 (Vt. 2017). “See 33 V.S.A. § 5113(a) ("An order of the Court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.”
In re D.C., Juv., 2012 VT 108 (Vt. 2012). “If termination is not sought at the initial disposition hearing but is sought later, the petitioner must show by clear and convincing evidence that changed circumstances exist and termination of parental rights serves the best interests of the child, 33 V.S.A. § 5113(b), as…”
— Vt. Stat. Ann. tit. 33, § 5113(c) — 1 case
In re C.L., Juv., 2021 VT 66 (Vt. 2021). “That rule provides that a juvenile disposition order may be stayed pending appeal and that “the superior court retains jurisdiction to modify or vacate its order under 33 V.S.A. § 5113.” V.R.A.P. 8(c); see also V.”
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