HAWKES v. SPENCE

Nos. 03-304, 04-233.

878 A.2d 273 (2005)

2005 VT 57

Sandra L. HAWKES v. Scott J. SPENCE. Charlann Lacaillade v. Demian J. Hardaker.

Supreme Court of Vermont.

May 6, 2005.


Attorney(s) appearing for the Case

Catherine E. Clark and Laurie A. LeClair (On the Brief) of Clark, Long, Werner & Flynn, P.C., Burlington, for Plaintiff-Appellee (03-304).

Charlann Lacaillade, Pro Se, Barre, Plaintiff-Appellee (04-233).

Matthew J. Buckley, Richmond, for Defendant-Appellant (03-304).

Demian J. Hardaker, Pro Se, Barre, Defendant-Appellant (04-233).

Present: AMESTOY, C.J., DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.


¶ 1. REIBER, J.

In each of these two separate cases,3 the family court determined that a divorced parent seeking to prevent the other parent from moving out of state with the parties' children failed to meet the threshold requirement for modifying parental rights and responsibilities by showing a real, substantial and unanticipated change of circumstances. The family court's decisions in these cases highlight the need for us to clarify...

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