Volume 149 — Vermont Reports

<bold>1. Domestic Relations — Child Custody — Findings by Court</bold> Trial court does not have to make specific findings on each of statutory factors, nor does each factor have to be specifically addressed by trial court; it is sufficient if findings as whole reflect that trial court has taken statutory factors into consideration in so far as they are relevant in reaching its decision. <bold>2. Domestic Relations — Child Custody — Conduct of Parent</bold> Evidence as to defendant mother's male companion was admissible because he was present in home enough so that trial court could find him person who may significantly affect child; thus relationship was relevant under <cross_reference>15 V.S.A. § 665</cross_reference>(b)(7). <bold>3. Domestic Relations — Child Custody — Statutory Factors</bold> Parent cannot claim benefit of statutory factor solely by showing that other parent's actual or expected performance with respect to that factor was inadequate; each parent must show his or her relationship with child in light of statutory factors. <bold>4. Domestic Relations — Child Custody — Stipulation of Parties</bold> Trial court could reject stipulation made by parties only if parties were given notice of its intention to so reject and opportunity to present evidence on issues covered in settlement. <bold>5. Domestic Relations — Child Custody — Stipulation of Parties</bold> Notification of intent to reject stipulation of parties refers to partial as well as full agreements. <bold>6. Domestic Relations — Property Division — Personal Property</bold> Failure of trial court to address personal property of parties was substantial, since evidence was presented concerning personal property and such property had significant value.

<bold>1. Domestic Relations — Jurisdiction — Residency</bold> For purposes of divorce jurisdiction residency encompasses concept of domicile; place where person lives or has his home, to which, when absent, he intends to return and from which he has no present purpose to depart.<page_number>Page 507</page_number> <bold>2. Domestic Relations — Uniform Child Custody Jurisdiction Act</bold> <bold>— Grounds</bold> In determining jurisdiction under UCCJA alternate grounds for jurisdiction are set out in statute, no preference is given to one over another. <bold>3. Domestic Relations — Uniform Child Custody Jurisdiction Act</bold> <bold>— Communication Between Courts</bold> Trial court should make good faith attempt to contact speedily other trial court before taking jurisdiction itself over dispute; if trial court is unable to make contact with foreign court, Vermont court should take jurisdiction and issue temporary order until contact can be made. <bold>4. Domestic Relations — Uniform Child Custody Jurisdiction Act</bold> <bold>— Findings of Fact</bold> Trial court in taking jurisdiction over child custody action must articulate its findings that resulted in its decision that Vermont court is more appropriate forum for resolving dispute.

<bold>1. Civil Procedure — Declaratory Judgment — Independent Action</bold> Ordinarily declaratory judgment actions may be brought only as independent actions, but when one party motioned to enlarge proceedings to include declaratory judgment and nonmoving party made no objection, declaratory judgment became part of action. <bold>2. Real Property — Eviction Proceeding — Necessary Parties</bold> Trial court had jurisdiction over eviction proceeding and declaratory judgment counterclaim despite absence of Town as party to proceedings; although Town had interest in collection of property taxes, any taxes due with regard to property at issue had already been collected through prior tax sale. <bold>3. Civil Procedure — Summary Judgment — Standard of Review</bold> In order to succeed on motion for summary judgment, moving party must satisfy two-part test: first, no genuine issue of material fact must exist between parties, and second, there must be valid legal theory that entitles moving party to judgment as matter of law. <bold>4. Taxation — Real Property — Sale for Delinquent Taxes</bold> When property is sold to satisfy delinquent taxes owed, tax collector is required to sell only so much of property as is necessary to pay delinquent taxes plus cost of sale. <bold>5. Courts — Declaratory Judgment Action — Jurisdiction</bold> Trial court may take affirmative action in declaratory judgment proceedings.

<bold>Motor Vehicles — Operation Under Influence — Public Highway</bold> Breakdown lane of public highway comes within definition of term "highway" as employed by <cross_reference>23 V.S.A. § 1201</cross_reference>.

<bold>Administrative Law — Hearings — Notice of Charge</bold> Notice of charges being brought in administrative hearing must contain narrative report of alleged facts upon which agency based its claim of violation.

<bold>1. Domestic Relations — Uniform Child Custody Jurisdiction Act —</bold> <bold>Visitation Rights</bold> Uniform Child Custody Jurisdiction Act is intended to resolve jurisdictional disputes in child custody cases where more than one state has jurisdiction; as such it does not confer jurisdiction on court not already possessing it. <bold>2. Domestic Relations — Visitation Rights — Jurisidiction</bold> <cross_reference>15 V.S.A. § 293</cross_reference> could not be used to obtain jurisdiction over parties who were not married; subchapter containing § 293 applies only when couple were married.<page_number>Page 570</page_number> <bold>3. Domestic Relations — Parentage Proceedings Act — Presumed</bold> <bold>Jurisdiction</bold> Since Parentage Proceedings Act is in derogation of common law and must be strictly construed, trial court could not infer jurisdiction to determine visitation privileges of putative father in action brought under statute other than this act.