Justia Vermont Supreme Court Opinion Summaries

Mark, the father of D.S., and Todd, the father of M.H., appealed the trial court’s order terminating their residual parental rights. The children shared the same mother. Both fathers had extensive criminal records and were incarcerated for most of their children’s lives. The Department for Children and Families (DCF) became involved with the family in December 2008 based on concerns of substance abuse, sexualized behavior, domestic violence, and neglect. In January 2012, the children were taken into custody pursuant to an emergency care order. At the time of the termination hearings, the court found that neither father played constructive roles in their children's lives. Finding no reversible error in the trial court's decision, the Supreme Court affirmed the termination of parental rights. View "In re D.S., In re M.H." on Justia Law

Father appealed a trial court’s order adjudicating B.R. a child in need of care or supervision (CHINS). He argued that the court’s decision was not supported by evidence. B.R. was born in November 2012. On Monday, March 4, 2013, the Department for Children and Families (DCF) filed a petition alleging that B.R. was CHINS, and it obtained an emergency care order. Shortly before the CHINS petition was filed, an affidavit was filed describing the circumstances surrounding mother’s March 1, 2013, arrest for driving under the influence of drugs with her two older children in the car; mother’s statements to the arresting officers about being stopped the day before for possessing a methadone pill and crystal methamphetamine, drugs that she stated belonged to father; mother’s admission to the arresting officers that she had cooked methamphetamine with father at the family’s home the night before her DUI arrest; mother’s concern at that time about B.R.’s welfare in father’s care, and her fears that father had taken the three-month-old child to a "meth house" in New York; and mother’s subsequent statements to police on Saturday, March 2, that she had retrieved B.R. from a "meth house" in New York where father had taken him. Finding sufficient evidence to support the trial court's decision, the Supreme Court affirmed. View "In re B.R." on Justia Law

"Belle" is an eleven-year-old German wirehaired pointer who was greatly loved by husband and wife. The parties had no minor children, and they were able to reach an agreement on the division of their property and other financial issues - except for Belle. They came to the final hearing for a ruling on which one of them would receive the dog in the divorce decree. At the conclusion of the hearing, the court awarded the dog to husband. It found that either party would provide the dog with a good life, but gave a slight edge to husband because the dog was accustomed to the routine of going to the clinic every day. The court balanced that factor against the dog’s familiarity with the marital home, which the parties agreed wife would receive as part of the property settlement. It found that husband "treats the dog like a dog," while wife is more doting and treats the dog like a child. The court concluded that the dog would do better with husband’s balanced attitude towards the animal. On appeal, wife claimed that the court erred in refusing to consider allocating the dog to both spouses in a joint arrangement. The Supreme Court affirmed the family court decision on two grounds: (1) the factors identified and considered by the court in allocating the dog were appropriate; and (2) the family division cannot enforce a visitation or shared custody order for animals: "[t]he court need not specify the weight given to each factor, but is required only to provide a clear statement as to what was decided and why." View "Hament v. Baker" on Justia Law

The issue before the Supreme Court in this case centered on whether the family division had exclusive jurisdiction over the distribution of marital property acquired during a marriage that ended in annulment. In 2011, wife filed a complaint for divorce in the Family Division of the Franklin Superior Court. Both parties represented themselves. Following a hearing, the family division determined that wife was still married to her first husband at the time of her marriage to husband in March 2000. Wife had received divorce papers filed by her first husband and believed that their marriage had ended in divorce. The family division initially ruled that the marriage between the parties in this case was void by operation of law. The only issue was division of property. Wife was ordered to turn over property belonging to husband. A few months later, the family division changed its mind concerning the property division: "[s]ince the marriage was void at its beginning, this court does not have jurisdiction to resolve this dispute. The parties are referred to the civil division. Either party may start an action there. The family court’s case is closed." Husband followed the court's instructions, and subsequently filed two small claims cases against wife seeking money damages for property he claims was his. The small claims judge entered judgment in favor of wife. Husband appealed to the civil division, which held that the civil division and the small claims court lacked jurisdiction over the division of marital property. Finding no reversible error, the Supreme Court affirmed the civil division. View "Cameron v. Rollo" on Justia Law

Mother and father appealed a family court order adjudicating the minor A.W. to be a Child in Need of Care and Supervision (CHINS). They argued on appeal: (1) the court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); and (2) the evidence did not support the trial court's finding that the child was without proper parental care. Finding no reversible error, the Supreme Court affirmed. View "In re A.W." on Justia Law

The Father, Jonathan Pahnke, appealed the modification of a foreign child support order. He argued that he was never properly served with the motion to modify child support, that the Vermont family division lacked personal and subject matter jurisdiction over him and this matter, and that the magistrate improperly ruled that mother did not owe him arrears for the period preceding the modification. Upon review, the Supreme Court affirmed in part, but remanded the case for recalculation of the mother's child support arrearage. View "Pahnke v. Pahnke" on Justia Law

Father appealed the family court’s denial of his motion to modify a final order terminating his parental rights to his children, A.W. and J.W., born in November 2000 and October 2006, respectively. On appeal, he argued that there were changed circumstances sufficient to modify or set aside the termination decision and that the court’s basis for denial in this case lacked evidentiary support. Finding no abuse of discretion by the family court, the Supreme Court affirmed. View "In re A.W. and J.W." on Justia Law

In 2005, petitioner lived with his girlfriend (witness) and their two young children. Their infant daughter was hospitalized for symptoms and injuries consistent with head trauma. A year later, petitioner was charged with two counts of first-degree aggravated domestic assault for allegedly causing the child's injuries. Petitioner appealed the superior court's order granting summary judgment to the State and dismissing his petition for post-conviction relief (PCR). Petitioner was assigned counsel; trial was scheduled for February 2007. As a defense strategy, counsel wanted to highlight that other people had access to the child and could have injured her. In particular, counsel contemplated that if the witness claimed her Fifth Amendment privilege against self-incrimination when called to testify at trial, the jury might infer that she was involved in the crime and therefore reasonably doubt petitioner's participation. Counsel's affidavit acknowledges that the strategy was his idea, stating that it "came to [him]" during a meeting with witness and petitioner. Petitioner's counsel discussed the strategy at that meeting with both the witness and petitioner. Petitioner's counsel also advised witness to discuss the proposed tactic with her own counsel. The witness did consult with an attorney and ultimately decided not to claim her Fifth Amendment privilege at trial. Instead, she testified as a prosecution witness that petitioner had encouraged her to invoke the Fifth Amendment when testifying. Petitioner's counsel objected to this testimony based on attorney-client privilege. After his objection was denied, Petitioner's counsel failed to address the matter on cross-examination or in his closing argument. On appeal to the Supreme Court, Petitioner argued that the PCR court disregarded material disputed facts on his claim of ineffective assistance of counsel and prematurely concluded that, as a matter of law, counsel's performance was professionally reasonable and did not prejudice the outcome of petitioner's trial. After careful consideration, the Supreme Court found that the trial court record was inadequate to determine on summary judgment whether counsel reasonably anticipated the consequences of suggesting the risky defense strategy, including sufficiently informing petitioner about its risks; and, if he did not, whether petitioner's defense was therefore prejudiced. The Court reversed the PCR court's grant of summary judgment to the State and remanded for an evidentiary hearing. View "In re Lowry" on Justia Law

Petitioner Catherine Harwood appealed a Human Services Board decision that applied the doctrine of collateral estoppel to uphold the substantiation of her abuse of a vulnerable adult, and thereby placed her name on the adult abuse registry. Petitioner argued that she should not have been precluded from appealing the abuse substantiation because she was never given a full and fair opportunity to challenge the allegations. Petitioner is the mother of M.T., a thirty-five-year-old woman who had significant developmental disabilities and was unable to care for herself. Upon review of the Board's decision, the Supreme Court agreed with petitioner that she did not receive an opportunity to challenge the allegations. The Court reversed the Board's decision and remanded the case for further proceedings. View "In re Harwood" on Justia Law

Ex-husband and ex-wife each appealed a post-judgment order of the superior court that awarded the wife maintenance arrears and attorney’s fees, and construed a provision in the final divorce order distributing the parties’ retirement accounts, including husband’s 401k account, which decreased in value substantially before it could be divided because of delay in issuance of a qualified domestic relations order (QDRO). The Supreme Court affirmed in part, and remanded the case for further proceedings. The Court found that the superior court miscalculated the husband's maintenance arrears, and remanded for recalculation. View "Meyncke v. Meyncke" on Justia Law