The Vermont Supreme Court’s Advisory Committee on Rules for Family Proceedings is scheduled to hold a virtual meeting on January 23, 2026. The meeting will take place via TEAMS from 1:30 to 3:00 pm.
The agenda includes approval of the minutes from the previous meeting held on October 24, 2025. The committee will review the status of several proposed amendments that have recently been considered and promulgated by the Vermont Supreme Court.
Among these amendments are changes to Rule 9(c), which concerns ex parte temporary relief from abuse orders. The amendment allows plaintiffs to present evidence if the court finds insufficient grounds for a temporary order before denial. Judge McDonald-Cady is expected to report on any comments received regarding this amendment. The committee previously recommended its adoption, and the Supreme Court approved it with an effective date of January 1, 2026.
There is also an amendment to Rule 4.2(e) related to venue for post-judgment motions. This rule was initially promulgated as an emergency measure in November 2024 and has since undergone further revision based on committee recommendations and public comment. The Supreme Court approved this change with an effective date of January 1, 2026.
Another item involves Rule 17(f), which now incorporates proceedings related to abuse prevention for vulnerable adults under state law into rules allowing hybrid hearings unless otherwise ordered by the court. This amendment was favorably reviewed by the Legislative Committee on Judicial Rules and adopted by the Supreme Court, taking effect at the start of 2026.
Additionally, there are changes to V.R.F.P. 1(b)(3), permitting issuance of temporary conditions of release in delinquency cases before preliminary hearings; and a new rule (V.R.F.P. 19) establishing procedures for Extreme Risk Protection Orders (ERPO). Both were sent out for public comment and subsequently promulgated with effective dates of January 1, 2026.
The committee will also consider an amendment to Rule 2 regarding children’s testimony in CHINS (Children in Need of Care or Supervision) and TPR (Termination of Parental Rights) cases. A subcommittee has drafted a proposal addressing when children may testify at such proceedings, which will be discussed during this session.
Other topics include recommendations concerning non-testimonial orders involving juveniles, resolving inconsistencies between wage withholding procedures and statutory requirements, reviewing family rules for respectful language use, proposals related to child witnesses in domestic proceedings, and requests regarding service provisions by the Office of Child Support.
Finally, future meeting dates have been set for April 24, July 17, and October 23 in the year ahead.
