Vermont Supreme Court judge critiques lengthy family court processes and calls for reform

The House Judiciary Committee convened on May 1, 2025, to discuss pressing issues within Vermont's family court system, focusing on the complexities and challenges faced in juvenile cases. The meeting featured a detailed account from a long-serving judge who shared insights from over two decades of experience in family law.

The judge emphasized the intricate nature of family court cases, highlighting a specific case involving two children, a mother, and two fathers, which required the involvement of five separate attorneys. He noted that despite the presence of skilled legal professionals, the system's demands made timely resolutions exceedingly difficult. This case, referenced as a 2016 decision, illustrated the systemic challenges, including a dramatic increase in juvenile cases and a shortage of resources such as judges and courtrooms.

A critical point raised during the discussion was the lengthy duration it took to reach a resolution in this case—over a year—despite statutory guidelines suggesting a much shorter timeframe. The judge pointed out that the law intended for cases like this to be resolved within 60 days of the children's removal from their mother's care, yet this was not achieved. He underscored the emotional toll on the children involved, who spent significant time in foster care without clarity about their future.

The judge also referenced a Supreme Court decision indicating that statutory time limits in such cases are advisory rather than jurisdictional, meaning that exceeding these limits does not result in a loss of jurisdiction. This distinction raises concerns about accountability and the need for reform within the system.

In closing, the judge reflected on past efforts to reform the child protection system, recalling discussions with former legislators about utilizing state funds to evaluate and improve the system. He expressed a desire for continued reform to address the ongoing challenges faced by families navigating the court system.

The meeting concluded with a call for further examination of the family court processes and a commitment to exploring potential legislative solutions to enhance the efficiency and effectiveness of the system.