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Terms Used In Vermont Statutes Title 15 Sec. 1063

  • Child: means an individual who has not attained 18 years of age. See
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See
  • Child custody proceeding: means a proceeding in which legal custody or parental rights, physical custody, or visitation or parent child contact with respect to a child is an issue. See
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See

§ 1063. Application to Indian tribes; international application

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A Vermont court shall treat a foreign country as if it were a state of the United States for the purpose of applying this subchapter and subchapter 2 of this chapter.

(c) Except as otherwise provided in subsection (d) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter.

(d) A Vermont court need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. (Added 2011, No. 29, § 1.)