Vermont Case Commentaries

Relocation-Driven Custody in an Initial Order and Mandatory Ruling on an Unwithdrawn Child Name-Change Request

Date: Feb 13, 2026

Relocation-Driven Custody in an Initial Order and Mandatory Ruling on an Unwithdrawn Child Name-Change Request Introduction In Jacob Johnson v. Kimberly Elmore (Vt. Feb. 6, 2026) (Entry Order), the...

Uncertain Relocation Plans and Discrete Allocation of Legal Parental Rights in Vermont PRR Orders

Date: Feb 13, 2026

Uncertain Relocation Plans and Discrete Allocation of Legal Parental Rights in Vermont PRR Orders Note on precedential status: The Opinion is an Entry Order issued by a three-justice panel and, as...

Rule 60(a) Allows Clarifying a Writ of Possession to Cover the Entire Parcel When a Property Has Multiple 911 Addresses

Date: Feb 7, 2026

Rule 60(a) Allows Clarifying a Writ of Possession to Cover the Entire Parcel When a Property Has Multiple 911 Addresses 1. Introduction Ballinallee Properties, LLC et al. v. Shawn Mateo (Vt. Sup. Ct....

Adverse Possession on Summary Judgment: Combined Acts Establish Openness, Later Permission Does Not Defeat Hostility, and Color of Title Supports Constructive Possession

Date: Feb 7, 2026

Adverse Possession on Summary Judgment: Combined Acts Establish Openness, Later Permission Does Not Defeat Hostility, and Color of Title Supports Constructive Possession Introduction In Deborah...

State v. Hosten: Reliability as a Due-Process Check on Relaxed Evidence Rules in 13 V.S.A. § 7553a No-Bail Hearings

Date: Feb 2, 2026

State v. Hosten: Reliability as a Due-Process Check on Relaxed Evidence Rules in 13 V.S.A. § 7553a No-Bail Hearings I. Introduction Case: State v. Ramone Hosten (Entry Order) Court: Supreme Court of...

Clerical Correction of a Hold-Without-Bail Order During a Pending Appeal: Intent Controls Under V.R.Cr.P. 36

Date: Feb 2, 2026

Clerical Correction of a Hold-Without-Bail Order During a Pending Appeal: Intent Controls Under V.R.Cr.P. 36 1. Introduction In State v. Michael Williams (Entry Order, 2025 VT 3, Jan. Term 2026), the...

Kirshon v. Abodeely-Mills (2026 VT 2): “Their Heirs and Assigns” Defeats an Unclear Joint-Tenancy Claim; Tenancy in Common Presumed

Date: Jan 27, 2026

“Their Heirs and Assigns” + Limited Joint-Tenancy Language Fails the Clear-Intent Standard: Vermont Presumes a Tenancy in Common 1. Introduction Tammy Kirshon et al. v. Angela Abodeely-Mills and...

Vermont “Necessity” for Municipal Stormwater Takings Requires Evidence of Statutory Due-Consideration—Including Alternatives—Without Deference to the Town

Date: Jan 27, 2026

Vermont “Necessity” for Municipal Stormwater Takings Requires Evidence of Statutory Due-Consideration—Including Alternatives—Without Deference to the Town I. Introduction In Mongeon Bay Properties,...

Directed Verdict Unavailable in Vermont TPR Proceedings; Broad Discretion to Reopen Evidence to Promote Timely Permanency

Date: Jan 10, 2026

Directed Verdict Unavailable in Vermont TPR Proceedings; Broad Discretion to Reopen Evidence to Promote Timely Permanency Commentary on In re A.K. and A.C., Juveniles (S.K., Father*), Vermont Supreme...

Harmless Service Defects and Narrow Appellate Review in Parenting-Communication Enforcement Orders (Talking Parents App)

Date: Jan 10, 2026

Harmless Service Defects and Narrow Appellate Review in Parenting-Communication Enforcement Orders (Talking Parents App) Introduction Samantha Freda v. Joshua Cunningham (Vt. Sup. Ct., Jan. 9, 2026)...

Concession Preserves § 656(d): Broad Discretion in Above-Guideline Child Support Without превращing Support into Maintenance

Date: Jan 10, 2026

Concession Preserves 15 V.S.A. § 656(d): Broad Discretion in Above-Guideline Child Support Without Converting Support into Maintenance Case: Russell Japikse v. Jenny Parker (Vt. Sup. Ct., Entry...

Child-Centered “Reasonable Time” Controls Termination Despite a Continuing Parent-Child Bond (In re H.B.)

Date: Jan 10, 2026

Child-Centered “Reasonable Time” Controls Termination Despite a Continuing Parent-Child Bond (In re H.B.) Introduction Case: In re H.B., Juvenile (A.B., Mother*), Vermont Supreme Court, Case No....

Mutual-Mistake Reformation of a “Shared Drive” Easement: Courts May Recast a Misdescribed Right-of-Way to Match Intent and Practical Use

Date: Jan 10, 2026

Mutual-Mistake Reformation of a “Shared Drive” Easement: Courts May Recast a Misdescribed Right-of-Way to Match Intent and Practical Use Nonprecedential posture: The Vermont Supreme Court issued this...

Maintenance Under 15 V.S.A. § 752(a) Requires Findings on Marital Standard of Living; Linked Property Division Must Be Revisited on Remand

Date: Jan 10, 2026

Maintenance Under 15 V.S.A. § 752(a) Requires Findings on Marital Standard of Living; Linked Property Division Must Be Revisited on Remand Introduction In Rayburn Reed v. Melissa Reed (Vt. Sup. Ct....

Ferrante v. Adkins: RFA Denials Cannot Rest on “Victim-Blaming”; Courts Must Focus on Need for Protection, Not Fault

Date: Jan 10, 2026

Ferrante v. Adkins: RFA Denials Cannot Rest on “Victim-Blaming”; Courts Must Focus on Need for Protection, Not Fault Court: Supreme Court of Vermont Date: January 9, 2026 Case: Angela Ferrante v....

Family Division Jurisdiction to Adjudicate Alleged Breaches of Premarital Agreements Within Divorce Proceedings

Date: Jan 2, 2026

Family Division Jurisdiction to Adjudicate Alleged Breaches of Premarital Agreements Within Divorce Proceedings Case: Christopher Gade v. Erin Gade (2025 VT 68) Court: Supreme Court of Vermont Date:...

Gade v. Gade and the Plenary Jurisdiction of the Vermont Family Division Over Premarital Agreement Breach Claims

Date: Dec 28, 2025

Gade v. Gade and the Plenary Jurisdiction of the Vermont Family Division Over Premarital Agreement Breach Claims I. Introduction In Christopher Gade v. Erin Gade, 2025 VT 68, the Vermont Supreme...

Intent-Centered Use of Vermont Rule 60(a) to Correct Divorce Property Judgments: Commentary on Warner v. Warner, 2025 VT 70

Date: Dec 28, 2025

Intent-Centered Use of Rule 60(a) to Correct Divorce Property Judgments: Commentary on Nichole Warner v. Sean Warner, 2025 VT 70 I. Introduction Warner v. Warner, 2025 VT 70, is a significant Vermont...

State v. Sylvester: Vermont Tightens the Standard for Child-Witness Accommodations Under V.R.E. 807 and Clarifies Appellate Review

Date: Dec 22, 2025

State v. Sylvester: Vermont Tightens the Standard for Child-Witness Accommodations Under V.R.E. 807 and Clarifies Appellate Review I. Introduction In State v. Anna Sylvester, 2025 VT 69 (Dec. 19,...

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Date: Dec 14, 2025

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures I. Introduction In Amber Neddo, as Guardian & Next Friend to Z.N.,...