Rule 4.3.Special Procedures

Last amended January 3, 2025 · Last verified September 12, 2026

In one sentenceRule 4.3 collects the special procedures that sit alongside a Vermont family case, covering consolidation of an abuse prevention action, wage withholding, grandparent visitation, property masters, parent coordination, enforcement of orders to pay money, and waiver of service in special findings petitions.

Full Text of Rule 4.3

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(a) Procedure Where Actions Subject to Rule 4.0 and Abuse Prevention Actions Are Pending.

(1) Pending Abuse Prevention Action. If an abuse prevention action brought under Rule 9 is pending in the family division when the complaint in an action subject to Rule 4.0 is filed, the plaintiff must so indicate in the complaint.

(2) Prior Abuse Prevention Action. Notwithstanding V.R.C.P. 42(a), if a party to an abuse prevention action subsequently files a complaint in an action subject to Rule 4.0, the court where the subsequent complaint is filed will immediately consolidate the abuse prevention action with the action subject to Rule 4.0. All orders in effect in the abuse prevention action will continue in effect after consolidation until expressly discharged or modified by the court. For the purposes of 15 V.S.A. § 1108 (enforcement), a temporary or final order issued as part of the consolidated action will be considered an abuse prevention order to the extent that it orders relief provided in 15 V.S.A. §§ 1103 or 1104.

(3) Prior Action Subject to Rule 4.0.

(A) Expedited and Ex Parte Relief. If a party to an action subject to Rule 4.0 subsequently files an abuse prevention action, the court where the abuse prevention action was filed will act on any requests for relief without notice to the other party or for expedited relief pursuant to Rule 9.

(B) Automatic Consolidation. If a temporary order is issued under (3)(A) or, in the event of a denial, a request for hearing is filed, the court where the subsequent complaint is filed will immediately consolidate the abuse prevention action with the action subject to Rule 4.0 if:

(i) the complaint in the action subject to Rule 4.0 is pending;

(ii) there is a pending post-judgment motion in the action subject to Rule 4.0; or

(iii) the requests for relief in the abuse-prevention action modify a provision of an outstanding order in the action subject to Rule 4.0.

(C) Consolidation by Motion. If consolidation is not automatic, the court will consolidate only on motion of either party or the court's own motion.

(D) Effect of Orders. Upon consolidation, where temporary or final orders are outstanding between the parties in the action subject to Rule 4.0, the abuse prevention complaint will be treated as a motion to modify the outstanding orders.

(4) Motions to Consolidate. In lieu of filing a separate abuse prevention complaint, any party to an action subject to Rule 4.0 may invoke the court's authority as provided by 15 V.S.A. ch. 21, and may seek any of the relief provided by that chapter, upon motion pursuant to these rules. If relief is granted pursuant to that chapter, the actions will be deemed to have been consolidated.

(5) Orders in Consolidated Actions. When an abuse prevention action is consolidated with an action subject to Rule 4.0 under this subdivision, the abuse prevention provisions of the temporary or final order of the consolidated action will also be entered on the Temporary or Final Order for Relief From Abuse form provided by the Court Administrator's office. The appropriate order form will be signed by the judge and attached to the front of the order issued pursuant to the consolidated action. Copies of these orders will be filed with the appropriate police and sheriff's departments and the state police district offices in accordance with 15 V.S.A. § 1107. The party at whose request the order was issued may deliver the order for filing to the appropriate law enforcement agencies; the court also will mail copies to each agency. All orders in effect in the abuse prevention action will continue in effect after consolidation until expressly discharged or modified by the court. For the purposes of 15 V.S.A. § 1108 (enforcement), a temporary or final order issued as part of the consolidated action will be considered an abuse prevention order to the extent that it orders relief provided in 15 V.S.A. §§ 1103 or 1104.

(6) Extensions of Abuse Orders in Consolidated Actions. In any consolidated action, at the expiration of the fixed period of time set forth in 15 V.S.A. § 1103(e), in anticipation of that expiration, or after the time period has expired, regardless of the status of the action subject to Rule 4.0, the court may extend the abuse order for whatever period of time it deems necessary to protect a party or a party's child and it may subsequently extend such an order. No showing of change of circumstances is required for an extension. Orders will be entered, signed, and filed as set forth in paragraph (5) of this subdivision.

(b) Action for Wage Withholding.

(1) Except as provided in this subdivision, the Vermont Rules of Civil Procedure apply to actions seeking wage withholding.

(2) Petitions for wage withholding to secure child support, spousal support, and arrearages of child support or spousal support are governed by this paragraph. If a petition is filed seeking both wage withholding for spousal support and wage withholding for child support, or arrearages thereof, the action will be heard entirely by a single superior judge assigned to the family division without any individualized finding under 4 V.S.A. § 463.

(A) Petition. A petition for wage withholding pursuant to 15 V.S.A. § 780 et seq. must set forth the petitioner's name, and, if different, the name of the person legally entitled to receive child or spousal support, the defendant, the defendant's employer(s), if known, and any other information required by law.

(B) Service and Filing of Petition. The court or the Office of Child Support will serve a copy of the petition on the defendant either:

(i) in person in accordance with V.R.C.P. 4; or

(ii) by certified mail, return receipt requested with instructions to deliver to addressee only. If acceptance of service is refused, the court may serve the obligor by sending the petition to the obligor by ordinary first-class mail and by certifying that such service has been made. In the alternative, the court may provide for mail service as provided in V.R.C.P. 4(f) and (l).

(C) Notice of Hearing; Objections. A plaintiff who seeks wage withholding must submit a blank notice of hearing to the court together with the petition, for completion by the clerk and service with the petition. A hearing date will be scheduled within 14 days of the filing of the petition. A party who objects must present the objection at the hearing provided for in the notice of hearing. If the Office of Child Support has notified the obligor to commence wage withholding pursuant to 15 V.S.A. § 782(f), the obligor must file any objection and a request for hearing within 20 days of receiving the notification.

(D) Findings and Order. The court's ruling will, if contested, contain findings and conclusions, must in all cases contain a separately captioned order, and must also be served on each party and the registry in accordance with V.R.C.P. 5. The order will contain the information required by 15 V.S.A. § 785.

(c) Grandparent Visitation. Whenever custody or visitation of a minor child is in issue in an action subject to Rule 4.0 and 4.1, a child's grandparent may, in accordance with V.R.C.P. 5, request visitation rights with the grandchild. The grandparent is not a party to the proceeding but may be called as a witness by the court and, when called, will be subject to cross-examination by the parties. A grandparent who has visitation rights has the right to move under Rule 4.2 to enforce or modify a judgment with respect to those visitation rights.

(d) Property Masters.

(1) Appointment by the Court. In any action subject to Rule 4.0 where equitable division of the marital estate or spousal maintenance is in issue, the court may appoint a master to determine the following matters:

(A) The value of any items of tangible property such as household furnishings;

(B) The value of assets and liabilities, including but not limited to the value of businesses owned by either or both parties;

(D) The amount of each party's annual living expenses.

(2) Appointment by Agreement. In any action subject to Rule 4.0 where equitable division of the marital estate or spousal maintenance is in issue, the court, with the agreement of the parties, may appoint a master to determine the matters set forth in paragraph (1) of this subdivision and also to determine the fair allocation of the marital estate between the parties and an award of spousal maintenance if appropriate.

(3) Compensation and Necessary Expenses. The compensation and necessary expenses to be allowed to a master will be fixed by the court.

(A) In an appointment pursuant to paragraph (1) of this subdivision, such compensation and necessary expenses will be paid by the state, except that if

(i) the distribution of property is contested and governed by 15 V.S.A. § 751 and the value of the property to be distributed exceeds $500,000; or

(ii) one or both parties seek an award of maintenance under 15 V.S.A. § 752 and the parties have nonwage income of $150,000 or more, excluding up to $500,000 of income from the sale of a primary residence or jointly owned business, the court may order the compensation and necessary expenses of a master to be shared by the parties, with the shares specified in the order.

(B) In an appointment pursuant to paragraph (2), such compensation and necessary expenses will be paid by the parties as agreed or ordered by the court.

(4) Powers. The order of reference to the master may specify or limit the master's powers and may direct the master to report only on particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the master's report.

(5) Proceedings.

(A) In General. V.R.C.P. 53(d) governs proceedings before a master appointed pursuant to this subdivision, so far as applicable.

(B) Evidence. The Vermont Rules of Evidence apply to proceedings before a master, except that evidence not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and is not precluded by statute or privilege.

(6) Report.

(A) In General. V.R.C.P. 53(e)(1) and (4) govern the report of a master appointed pursuant to this subdivision, so far as applicable.

(B) Objections; Effect of Master's Report.

(i) In an action where the master has been appointed by agreement pursuant to paragraph (2) of this subdivision, if the parties have waived the right to object to the acceptance of the report, the master's findings of fact and conclusions of law will be conclusive on the parties, subject to the court's approval.

(ii) In any other action, any party may, within 14 days after being served with notice of the filing of the report, serve written objections on the other party. Any party may, within 30 days after service of written objections by either party or, if no timely written objections have been served by either party, within 30 days after service of notice of the filing of the report, move the court for action on the report and any timely written objections to it. Whether or not a timely motion is filed, the court, with or without hearing, must review the report. In reviewing the report, the court must accept the master's findings of fact so long as they are supported by substantial evidence and may accept, modify, or reject the master's conclusions of law and recommendations. On the basis of that review, the court may adopt, modify, or reject the report in whole or in part, may receive further evidence, or may recommit it with instructions.

(e) Parent Coordination.

(1) Appointment of Parent Coordinator. In an action under Rules 4.0 and 4.1 in which parental rights and responsibilities have been adjudicated, and determination, modification, or enforcement of parent-child contact is a substantial issue, the court, at the request of a party or on its own motion, may appoint a parent coordinator if to do so will serve the best interests of the children and one or more of the following conditions is impeding the resolution of parent-child contact issues:

(A) A high level of conflict between the parents;

(B) Domestic abuse in the relationship;

(D) Any other condition that in the opinion of the court significantly impedes the resolution of parent-child contact issues.

(2) Order of Referral. If the court determines that parent coordination may be in the best interests of the children pursuant to paragraph (1) of this subdivision, the court may issue an order of referral to parent coordination that requires the parties to meet with a designated parent coordinator for an initial intake and informational meeting. The order will:

(A) Designate a specific individual qualified as provided in paragraph (9) of this subdivision to serve as parent coordinator for the purpose of resolving issues related to parent-child contact in accordance with protocols established by administrative order of the Supreme Court;

(B) Direct each parent to contact the parent coordinator for the purpose of setting up an initial intake and informational meeting; and

(C) Delineate the scope of the parent coordinator's recommendations to include one or more of the following: Modification of the conditions of parent-child contact designed to improve compliance (e.g., communication between parents, pick-up and drop-off protocols, supervision requirements); minor schedule changes consistent with the percentage of time the child spends with each parent under the current parent-child contact order; modification of schedule and percentage of time spent with each parent. In post-judgment cases, the judge will not order recommendations that include modifications in the percentage of time spent with each parent unless a party has filed a motion to modify parent-child contact and the judge has determined that the moving party has made a prima facie case for a real, substantial, and unanticipated change of circumstances.

(3) Intake and Informational Meeting. At the intake and informational meeting, the parent coordinator will interview each parent individually as required under subparagraph (5)(C) of this subdivision. If the parent coordinator determines that the case is appropriate for parent coordination and the parties agree to engage in the parent coordination process, the parent coordinator will submit to the court a signed parent coordination agreement and a proposed appointment order. The parent coordinator will inform the court if the parent coordinator determines that the case is not appropriate for parent coordination or the parties do not agree to engage in the process or fail to attend the intake meeting.

(4) Parent Coordination Order. Upon the filing of a stipulation and proposed order, the court will issue a parent coordination order. The order will:

(B) Delineate the scope of the parent coordinator's recommendations to include one or more of the following: Modification of the conditions of parent-child contact designed to improve compliance (e.g., communication between parents, pick-up and drop-off protocols, supervision requirements); minor schedule changes consistent with the percentage of time the child spends with each parent under the current parent-child contact order; modification of schedule and percentage of time spent with each parent. In post-judgment cases, the judge will not order recommendations that include modifications in the percentage of time spent with each parent unless a party has filed a motion to modify parent-child contact and the judge has determined that the moving party has made a prima facie case for a real, substantial, and unanticipated change of circumstances;

(D) Set a date for a status conference ten to twelve weeks from the date of the order or at another mutually agreed-upon time.

(5) Duties of the Parent Coordinator.

(A) The parent coordinator will review the case file before the initial intake and informational meeting with the parties.

(B) The parent coordinator will hold the initial intake and informational meeting with each party separately at the courthouse or a facility with comparable security. All subsequent meetings with the parties will be held separately and at such a facility unless the parties and the parent coordinator agree to hold joint meetings.

(C) The parent coordinator will conduct an initial intake and informational meeting as described in paragraph (3) of this subdivision. At the initial meeting with each party, the parent coordinator will explain the purpose and process of parent coordination, inform the parties that information gained by the parent coordinator in the process will not be confidential, and outline the rights of the parties and the fees for the service.

(D) If at any time the parent coordinator determines that parent coordination proceedings should be terminated, the parent coordinator will report that fact to the court, and the matter will be set for a status conference.

(E) After meeting with both parties, if the parties agree, the parent coordinator will file a stipulation signed by both parties authorizing the parent coordinator to obtain confidential information concerning the children from professionals and others who have worked with the children. If the parties do not agree, the parent coordinator or a party may request that the court issue an order permitting the parent coordinator to obtain such confidential information.

(F) The parent coordinator may meet with the children, the parties' attorneys, other professionals involved with the children, and family members or others who know the children well.

(G) If the parties agree on a parent-child contact plan, the parent coordinator will draft a stipulation that, if signed by each party, will be filed with the court prior to the date set for the status conference.

(H) If the parties cannot agree on a parent-child contact plan, the parent coordinator will submit a report to the court, including a narrative summary of the parent coordinator's meetings with the parties and others and detailed recommendations for a parent-child contact plan. The recommendations of the parent coordinator must not exceed the scope delineated in the parent coordination order. The report will be filed with the court and mailed to the parties at least 14 days prior to the date set for the status conference.

(6) Objections. A party who objects to the parent-child contact plan proposed by the parent coordinator must file written objections with the court within 14 days after the mailing to the parties of the parent coordinator's report and recommendations.

(7) Status Conference. At the status conference, if there is a stipulation, the court will review the plan, may revise it, and will issue a final order for parent-child contact based on the stipulated plan and any revisions. If there is no stipulation, the court will consider the parent coordinator's report and any objections. If there are no longer contested issues, the court may issue a final order for parent-child contact based on the parent coordinator's recommendations and any revisions that the court may make. If there is no stipulation or report, or if contested issues remain, the court will set the matter for hearing. Pending the hearing, the court may issue a temporary order for parent-child contact based on the parent coordinator's recommendations, if any.

(8) Hearing. At the hearing, the parent coordinator may be called by either party or the court to testify, provided that the parent coordinator will not be permitted to testify to statements made by a party that would otherwise be inadmissible as an offer of compromise under V.R.E. 408. Following the hearing, the court will issue a final parent-child contact order.

(9) Training and Qualifications of Parent Coordinators. The Supreme Court will provide by administrative order for qualifications and training of parent coordinators that will enable them to carry out all of their responsibilities under this subdivision.

(f) Enforcement of Orders to Pay Money.

(1) Except as provided in paragraphs (2) and (3), in any proceeding under Rules 4.0-4.3, the provisions of a final order or judgment for the payment of money may be enforced in the Family Division by writ of attachment pursuant to V.R.C.P. 4.1(g) or by trustee process pursuant to V.R.C.P. 4.2(i) and (j).

(2) Actions for wage withholding pursuant to 15 V.S.A. §§ 780-800 are governed by Rule 4.3(b).

(3) Actions to enforce a final order or judgment for the payment of money in foreclosure proceedings pursuant to V.R.C.P. 80.1(l), and by statute, are by separate action in the Civil Division.

(g) Procedure to Waive Service by Court Order in Actions Subject to 14 V.S.A. § 3098.

(1) Motion to Waive Service. In an action under Rules 4.1 or 4.2 wherein a petition for special findings pursuant to 14 V.S.A. § 3098 is filed, the petitioner may file a motion to waive service. The motion shall be accompanied by an affidavit setting forth:

(A) The names of the child's parents, if known. If unknown, the motion shall so specify.

(B) The location of each parent including each parent's current address, if known. If unknown, the motion shall so specify.

(C) If the name or location of a parent is unknown, a detailed description of efforts that have been made to identify the parent or determine the parent's location including the parent's address and country of residence.

(D) The reasons why service cannot with due diligence be made by any other prescribed method including service by publication.

(2) Order to Waive Service. If the court determines pursuant to 14 V.S.A. § 3098(d) that service of the petition cannot with due diligence be made by any other prescribed method, the court shall issue findings and a written order.

End

Notes

REPORTER'S NOTES--2025 AMENDMENT: In 2020, the Vermont Legislature enacted legislation on proceedings related to vulnerable noncitizen children. 14 V.S.A. § 3098. The Vermont legislation applies in any court with jurisdiction over an unmarried individual or individuals under the age of 21 and not a citizen of the United States. In the family division this includes all proceedings governed by Rule 4.1 in which custody of a noncitizen child is at issue and a petition for special findings has been filed. The federal Immigration and Nationality Act (INA) allows a noncitizen youth to file for Special Immigrant Juvenile Status (SIJS), which, if granted, provides a pathway to permanent residency for the child. 8 USC § 1101 et seq. A filing for SIJS status with the U.S. Citizenship and Immigration Services (USCIS) must demonstrate that the child meets certain criteria one of which is that a state court with jurisdiction over the youth has made “special findings” in four specific areas: (1) the child is a dependent of the court or legally committed to or placed under custody of a state agency or an individual or entity appointed by the court; (2) the child has suffered from abuse, neglect, abandonment, or similar circumstances; (3) the child may not be viably reunified with one or both parents due to abuse, neglect, abandonment or similar circumstances; and (4) that it is not in the child's best interests to be returned to the child's or the child's parents previous country of national residence or habitual residence. 14 V.S.A. § 3098(c)(1)(A)-(D); see also 8 U.S.C. § 1101(a)(27)(J). Section 3098 confers jurisdiction on Vermont courts to issue findings that address these four areas whenever a petition for special findings is filed. Section 3098(d) specifically authorizes the court to use any appropriate alternative method of service or to waive service altogether. This authorization to permit a waiver of service applies only to the petition for special findings and reflects a recognition by the Legislature that in a majority of SIJS cases one or both parents are located outside of the United States making it difficult to locate foreign addresses, particularly if a parent has abandoned the family and may have fled to another country. In addition, in many cases there is a heightened need for expedited treatment by the court as reflected in 14 V.S.A. § 3098(e). Because petitions for special findings pursuant to § 3098 are by their nature “special procedures” and because a request to waive service altogether is not available in any other proceeding under Rule 4.0, the procedure related to motions to waive service is set forth as an amendment to Rule 4.3, Special Procedures. The procedure requires that the motion be accompanied by an affidavit describing any efforts that have been made to complete service and explaining why service cannot be made by any other prescribed method. This requirement reflects the due process principle that service should only be waived in extreme cases where no alternative method of service will be effective.

REPORTER'S NOTES--2023 AMENDMENT: Rule 4.3(a) is amended to make clear that the provisions related to consolidation apply to all actions subject to Rule 4.0 where a relief from abuse action is filed either prior to or following the filing of the action subject to Rule 4.0. The actions subject to Rule 4.0 are set forth in Rule 4.0(a)(1). In addition to divorce and annulment actions, they include legal separation, dissolution of a civil union, parentage, desertion, and nonsupport. Rule 4.3(a)(3) is further amended to provide for automatic consolidation in cases where a relief from abuse action is filed after the Rule 4.0 action and a temporary order is issued or, in the case of a denial, a request for hearing is filed, when one of the following three circumstances exists: (1) the complaint in that action is still pending; (2) there are pending post-judgement motions; or (3) the requests for relief in the abuse-prevention action conflict with an outstanding order in the action subject to Rule 4.0. Otherwise, consolidation would occur only upon motion of a party or the court’s own motion. The amendment recognizes that while automatic consolidation is appropriate in cases where disputes between the parties are pending before the court or there is a conflict between the requests in the abuse action and outstanding orders in the actions subject to Rule 4.0, there are instances where automatic consolidation may not be appropriate because so much time has elapsed between the resolution of the issues in the action subject to Rule 4.0 and the filing of the relief from abuse order and there is no possibility of conflicting orders.

REPORTER'S NOTES--2020 AMENDMENT: Rule 4.3(b) is amended to delete former paragraph (1) providing for a motion by a nonparty for relief from a parentage judgment. The amendment also deletes references to that motion in the caption and first sentence of subdivision (b), renumbers the amended first sentence as paragraph (1), and deletes the now superfluous caption of paragraph (2). Former Rule 4.3(b)(1) was added by amendment in 2017 as a narrow response to the concern raised by the Supreme Court in Columbia v. Lawton, 2013 VT 2, 193 Vt. 165, 71 A.3d 1218, that existing law, 15 V.S.A, § 302(a), prohibited such a nonparty action in the absence of a constitutional claim. See Reporter’s Notes to 2017 Amendment. Subsequently, the Legislature enacted the Vermont Parentage Act, 15C V.S.A. §§ 101-809, and repealed the prior statute involved in Columbia. 2017, No 162 (Adj. Sess.), §§ 1, 2. The Act was effective July 1, 2018, § 6, and, per § 5, in certain proceedings before that date. The Vermont Parentage Act is a comprehensive measure, setting forth procedural provisions and means of establishing parentage, and providing requirements of standing and time limits for proceedings by nonparties challenging adjudications, acknowledgements, and presumptions of parentage. Essentially, the Act renders obsolete former Rule 4.3(b)(1), applying the prior legislation considered in Columbia.

REPORTER'S NOTES--2020 AMENDMENT: Rule 4.3(f) is added to provide a uniform procedure in the Family Division for the enforcement of judgments or orders to pay money rendered in Family Division proceedings under V.R.F.P. 4.0-4.3. Paragraph (1) provides that V.R.C.P. 4.1(g) (subsequent or additional attachment) and 4.2(i) (subsequent or additional trustee process) and (j) (trustee process against earnings) apply in the Family Division and may be used to enforce any Family Division judgments or orders for the payment of money, with two exceptions. The first exception, in paragraph (2), is that statutory wage withholding actions under 15 V.S.A. §§ 780-800 to secure child support or spousal support payments or arrearages (as distinct from generally available post judgment process against earnings under V.R.C.P. 4.2(j)) will continue to be brought as provided in V.R.F.P. 4.3(b). Orders or judgments to pay money directly to a judgment creditor, issued after a violation of the terms of a Rule 4.3(b) wage withholding order, may be enforceable under new Rule 4.3(f)(1) unless another remedy is prescribed by statute under 15 V.S.A. §§ 780-800. The second exception, in paragraph (3), clarifies that a foreclosure action to enforce a judgment lien arising from any Family Division order or judgment to pay money must be brought in the Civil Division pursuant to V.R.C.P. 80.1(l). See 12 V.S.A. §§ 2901-2905. V.R.F.P. 4.0(b)(2)(C) continues to provide that real or personal property may be attached or trustee process may be used in connection with the commencement of a divorce action.

REPORTER'S NOTES--2018 AMENDMENTS: Rule 4.3(d) and (f) are amended to extend their 10-day time periods to 14 days, consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6, which adopts the day-is-a-day counting system from the Federal Rules. See Reporter's Notes to simultaneous amendments of V.R.F.P. 1. Rule 4.3(b)(2)(C) is amended for consistency with 15 V.S.A. § 782(c), as amended by Act 11 of 2017, and 15 V.S.A. § 783(a)(4).

REPORTER'S NOTES--2017 AMENDMENT: Rule 4.3(b) is amended to address the question raised in Columbia v. Lawton, 2013 VT 2, 193 Vt. 165, 71 A.3d 1218, concerning the remedy for a person seeking to establish parentage after a prior determination of parentage to which that person was not a party. Columbia interpreted 15 V.S.A. § 302(a) to prohibit a parentage action in the Family Division by a nonparty after a prior Family Division parentage determination in the absence of a showing of a constitutional right. The amended rule does not apply to a determination of parentage made in a Probate Division adoption proceeding pursuant to 15A V.S.A. §§ 3-101-3-802. Rule 4.3(b) continues to provide that the Rules of Civil Procedure apply to motions and actions under it except as otherwise provided in that rule. Under new Rule 4.3(b)(1)(A), a nonparty to a prior parentage determination under 15 V.S.A. §§ 301-308 may seek to claim a deprivation of constitutional rights in that determination by filing a motion to intervene and reopen the matter, asserting that the parties to the determination did not adequately represent the applicant's interest and seeking to set aside the determination as an infringement of the applicant's constitutional rights. The amendment is not intended to establish the elements of a direct action based on the constitution but to make clear that a constitutional claim is possible by providing a procedure for a nonparty to raise such a claim in the Family Division. Subparagraph (1)(B) provides a process for filing and serving the motion that controls over any contrary provision in the Civil Rules. The wage withholding provisions of Rule 4.3(b)(1)-(5) have been redesignated as Rule 4.3(b)(2)(A)-(D) with changes in numbering and a minor stylistic change.

REPORTER'S NOTES: Rule 4.3 is adopted as part of the replacement of former Rule 4 by Rules 4.0-4.3 to make the provisions of the former rule more accessible by reorganizing them in a functional order and by “restyling” them. See Reporter's Notes to simultaneous adoption of Rule 4.0. Rule 4.3 incorporates the provisions of former Rule 4(m)-(s) considered to be “special procedures” within the context of civil family proceedings. Rule 4.3(a) carries forward the provisions of former Rule 4(m) and (n) in restyled format. Rule 4.3(b) carries forward the provisions of former Rule 4(o) in restyled format. Rule 4(o)(4) concerning decrees issued or modified prior to July 1, 1990, has been omitted as obsolete, and other provisions of former Rule 4(o) have been modified to reflect statutory changes made subsequent to the adoption of that rule. Rule 4.3(c) carries forward the provisions of former Rule 4(p) in restyled format. Rule 4.3(d) carries forward the provisions of former Rule 4(r) in restyled format. Paragraphs (1)-(3) incorporate the language of the amendment to former Rule 43(r) promulgated January 11, effective March 11, 2016. V.R.C.P. 53(d) and (e)(1) and (4) are incorporated “so far as applicable” to reflect differences in Family Division practice, including the absence of jury trial. Rule 4.3(e) carries forward the provisions of former Rule 4(s) in restyled format.

Amendment History

[Adopted August 25, 2016, effective December 5, 2016; Amended December 15, 2016, effective February 20, 2017; September 20, 2017, effective January 1, 2018; June 12, 2020, effective August 18, 2020; July 13, 2020, effective September 14, 2020; February 6, 2023, effective June 5, 2023; November 4, 2024, effective January 3, 2025.]

Plain-English Summary

Rule 4.3 gathers the procedures that come up around a Vermont family case rather than along the ordinary path from complaint to judgment. Subdivision (a) keeps abuse prevention cases and Rule 4.0 cases from pulling in opposite directions. If an abuse prevention action under Rule 9 is already pending when the Rule 4.0 complaint is filed, the plaintiff must say so in the complaint, whichever party brought the abuse case, and the court consolidates the two at once. When the abuse prevention action is filed second, the court hearing it rules first on any request for ex parte or expedited relief, then consolidates once a temporary order issues or a hearing is requested, provided the Rule 4.0 case is pending, has a post-judgment motion open, or contains an order the requested relief would change. Consolidation costs nobody protection. Orders already in force keep running until the court discharges or modifies them, the abuse provisions are copied onto the state relief from abuse order form and attached to the front of the consolidated order, copies go to the police and sheriff's departments and the state police district offices, and the court may extend an abuse order for as long as it believes a party or a party's child needs it, with no showing of changed circumstances.

Subdivision (b) handles petitions to withhold wages for child support, spousal support, or arrearages of either. The petition names the petitioner, the person legally entitled to receive the support if that is someone else, the defendant, and any known employer. The court or the Office of Child Support serves it in person or by certified mail, the plaintiff supplies a blank notice of hearing for the clerk to complete and serve with the petition, and the hearing lands within 14 days of filing. Objections are made at that hearing, except that an obligor told by the Office of Child Support to begin withholding has 20 days from receiving the notice to object and ask for a hearing. Subdivision (c) gives a grandparent a narrow opening: where custody or visitation of a minor child is at issue under Rules 4.0 and 4.1, a grandparent may request visitation with the grandchild, and while the grandparent is not a party, the court may call the grandparent as a witness, subject to cross-examination.

Subdivision (d) lets the court appoint a property master when equitable division of the marital estate or spousal maintenance is in issue. Appointed by the court without the parties' agreement, a master values tangible property such as household furnishings, values assets and liabilities including any business either party owns, and figures each side's annual income and living expenses. The state pays that master. The court may instead order the parties to share the compensation and expenses, with each share set in the order, when the contested property to be distributed exceeds $500,000, or when maintenance is sought and the parties have nonwage income of $150,000 or more, setting aside up to $500,000 of income from the sale of a primary residence or jointly owned business. With both parties' agreement the master goes further, recommending how the estate should be divided and what maintenance to award, and the parties pay. Where the parties have not waived objections, a party has 14 days after being served with notice that the report was filed to serve written objections on the other party, and 30 days after those objections are served — or, where none are served, 30 days after notice of the filing — to move the court to act on the report. The court reviews the report either way, accepting findings of fact that substantial evidence supports while free to take, change, or reject the legal conclusions.

Subdivision (e) creates parent coordination. Once parental rights and responsibilities have been decided in a case under Rules 4.0 and 4.1 and parent-child contact remains a substantial issue, the court may appoint a parent coordinator if doing so serves the children's best interests and high conflict, domestic abuse, substance abuse, or some comparable obstacle is blocking a resolution. The referral order sends both parents to an intake and informational meeting, held with each parent separately at the courthouse or a place with comparable security, where the coordinator explains the process, the rights of the parties, the fees, and the fact that nothing told to the coordinator stays confidential. If the case fits and both parents agree, the court enters a coordination order that sets a status conference ten to twelve weeks out. The coordinator may meet with the children, the attorneys, other professionals, and people who know the children well, then either drafts a stipulation the parents sign or files a report with recommendations, mailed to the parties at least 14 days before the status conference. Objections are due within 14 days of that mailing. A coordinator cannot exceed the scope the order set, and in a post-judgment case the judge will not order a change in the percentage of time a child spends with each parent unless a party has moved to modify parent-child contact and the judge has found a prima facie case of a real, substantial, and unanticipated change of circumstances. If contested issues remain, the case goes to hearing, where either party or the court may call the coordinator to testify. Subdivision (f) turns to collection: a final order to pay money in a case under Rules 4.0 through 4.3 may be enforced in the Family Division by writ of attachment or trustee process, while money owed on a foreclosure judgment is pursued by separate action in the Civil Division. Subdivision (g) lets a petitioner who has asked for special findings about a child move to waive service on a parent, supported by an affidavit that names the parents, gives each address, describes the search for anyone who cannot be found, and explains why no other method, publication included, will reach them.

Frequently Asked Questions

I already have an abuse prevention order. What happens to it if a family case is filed?

It keeps working. When an abuse prevention action and a case under Rule 4.0 are consolidated, every order in effect in the abuse case continues until the court expressly discharges or modifies it. The abuse provisions of the temporary or final order in the consolidated case are also entered on the state relief from abuse order form, signed by the judge, and attached to the front of the consolidated order. Copies are filed with the appropriate police and sheriff's departments and the state police district offices, and you may deliver copies to those agencies yourself while the court mails them as well.

Enforcement does not change either. To the extent a consolidated order grants the kinds of relief the abuse prevention statute authorizes, it counts as an abuse prevention order for enforcement purposes. If your order is running out, the court may extend it for whatever period it thinks is needed to protect you or your child, and no showing of changed circumstances is required.

How soon will the court hold a hearing on a wage withholding petition?

Within 14 days of filing. The plaintiff sends a blank notice of hearing to the court along with the petition, the clerk completes it, and it is served with the petition so the other side knows when to appear. A party who objects to the withholding raises the objection at that hearing rather than by filing something ahead of time.

A different clock runs when the Office of Child Support notifies an obligor to begin withholding. There the obligor has 20 days from receiving the notification to file an objection and request a hearing.

Can my child's grandparent ask for visitation in my case?

Yes, when custody or visitation of a minor child is already at issue in a case under Rules 4.0 and 4.1. A grandparent may request visitation rights with the grandchild, and the request reaches the court and the parties the way other filings do.

The grandparent does not become a party. The court may call the grandparent as a witness, and when it does, both parties may cross-examine. A grandparent who ends up with visitation rights may later move under Rule 4.2 to enforce or modify the judgment as to those rights.

Who pays for a property master, and what does the master decide?

When the court appoints a master without the parties' agreement, the state pays the compensation and necessary expenses. The court may shift that cost onto the parties in either of these situations: a contested distribution where the property to be divided is worth more than $500,000, or a request for maintenance where the parties have nonwage income of $150,000 or more, leaving out up to $500,000 of income from selling a primary residence or a jointly owned business. Where the parties agree to the appointment instead, they pay as they agreed or as the court orders.

A court-appointed master values tangible property such as household furnishings, values assets and liabilities including any business either party owns, and determines each party's annual income from all sources and annual living expenses. A master appointed by agreement may also decide how the marital estate should be divided and whether spousal maintenance should be awarded.

What does a parent coordinator do, and can one change our parent-child contact schedule?

A parent coordinator works with both parents on parent-child contact problems after parental rights and responsibilities have been decided. The coordinator reviews the case file and holds the intake meeting with each parent separately at the courthouse or a facility with comparable security. Later meetings stay separate and in such a facility too, unless both parents and the coordinator agree to hold joint meetings. The coordinator may talk with the children, the attorneys, other professionals involved with the children, and people who know them well, and in the end either drafts a stipulation both parents sign or files a report recommending a contact plan.

The coordinator recommends and the judge decides. Recommendations cannot go beyond the scope the coordination order set, and in a post-judgment case the judge will not order a change in the percentage of time a child spends with each parent unless a party has filed a motion to modify parent-child contact and the judge has found a prima facie case of a real, substantial, and unanticipated change of circumstances. Nothing you tell the coordinator is confidential, and either party or the court may call the coordinator to testify at a hearing.

Source & verification. Rule text, official Reporter's Notes, and amendment history are reproduced verbatim from the Vermont Rules for Family Proceedings, adopted by the Vermont Supreme Court. Last verified September 12, 2026. · Official source

Also known as: wage withholdinggrandparent visitationparent coordinatorabuse prevention orderproperty masterrelief from abuse