Vermont v. Roy

Defendant Liana Roy was convicted of custodial interference for taking her four-year-old daughter, who was then in Department for Children and Families (DCF) custody, on a two-day trip out of the state without DCF’s permission. After the jury returned its verdict, the trial court granted defendant’s motion for a judgment of acquittal, concluding that, in the absence of a court order specifying defendant’s parent-child contact, defendant was not criminally liable. The central question presented for the Vermont Supreme Court's review in this case was whether a parent may be convicted of custodial interference under 13 V.S.A. 2451 for interfering with the custody of the DCF in the absence of a court order specifying the schedule and limitations of the parent’s visitation. The Court held section 2451 did not require such an order and that the evidence of defendant’s knowing and egregious actions in derogation of DCF’s custodial rights supported her conviction. Accordingly, the Court reversed. View "Vermont v. Roy" on Justia Law