reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-74. - Right to action on judgment unimpaired.

The right of a party to a foreign matrimonial judgment to proceed by an action on the judgment instead of proceeding under sections 46b-70 to 46b-75, inclusive, remains unimpaired.
(P.A. 77-428, S. 5.)
Cited. 191 C. 92.
Cited. 6 CA 541.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-75. - Uniformity of interpretation.

Sections 46b-70 to 46b-75, inclusive, shall be so construed as to effectuate their general purpose to make uniform the laws of those states which enact them.
(P.A. 77-428, S. 6.)
Cited. 191 C. 92.
Cited. 6 CA 541.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-85. (Formerly Sec. 46-53). - Order for support of mentally ill spouse.

At the time of granting dissolution of a marriage to which one party is mentally ill or at any time thereafter, on application of either party or of the guardian or conservator of the mentally ill spouse, or of any person, town or other municipality charged with the support of the mentally ill spouse, or the Commissioner of Administrative Services if the state is charged, the court may make such order requiring support of the mentally ill spouse, or security for support, as may be proper. The court may set aside or alter any such order, at any time thereafter, on application of either party or of the guardian of the mentally ill spouse, or of any person, town or other municipality charged with support, or the Commissioner of Administrative Services if the state is charged. Any order providing for the support of the mentally ill party shall be enforceable in the same manner as orders relating to alimony.
(1949 Rev., S. 7332; 1953, 1955, S. 3004d; 1957, P.A. 502, S. 3; P.A. 73-373, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 38, 54.)
History: P.A. 73-373 referred to “dissolution of a marriage one party to which is mentally ill” rather than to divorce “granted on the ground of mental illness”, substituted commissioner of finance and control for welfare commissioner and “mentally ill spouse” for “defendant” and deleted provision which prohibited orders for support to continue support of sane wife from estate of mentally ill husband after the wife remarries; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 restated provisions but made no substantive changes; Sec. 46-53 transferred to Sec. 46b-85 in 1979.
See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.
Cited. 184 C. 307.
Cited. 20 CA 500; 26 CA 386; Id., 737.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-87. (Formerly Sec. 46-56). - Contempt of orders.

When any person is found in contempt of an order of the Superior Court entered under section 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt, provided if any such person is found not to be in contempt of such order, the court may award a reasonable attorney's fee to such person. The costs of commitment of any person imprisoned for contempt of court by reason of failure to comply with such an order shall be paid by the state as in criminal cases.
(P.A. 73-373, S. 25; P.A. 78-230, S. 41, 54; P.A. 88-196.)
History: P.A. 78-230 made minor changes in wording; Sec. 46-56 transferred to Sec. 46b-87 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 88-196 permitted court to award reasonable attorney's fee to petitioner and added proviso that if any person is not found to be in contempt of order, the court may award a reasonable attorney's fee to such person.
See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.
Cited. 241 C. 490. Court's decision to award attorney's fees to defendant who withheld information for 7 years that she was obligated to report to plaintiff under dissolution decree violates equitable principles and constitutes an abuse of judicial discretion. 244 C. 523.
Cited. 11 CA 610; 13 CA 330; 22 CA 136; 24 CA 180; 26 CA 326; 28 CA 794; 41 CA 861; judgment reversed, see 241 C. 490; 43 CA 844. Statute does not contain any requirement that an award of attorney's fees must be determined with reference to relative financial positions of the parties. 71 CA 744. Award of attorney's fees is within discretion of trial court. 72 CA 408. Award of attorney's fees in contempt proceeding is punitive in nature and court may consider defendant's behavior as an additional factor in determining both the necessity of awarding such fees and the proper amount of the award. 110 CA 798. The court's order for the plaintiff to reimburse defendant for certain expenses under the agreement does not impact the court's ability to award attorney's fees to the plaintiff as the prevailing party on the issue of contempt, even when there is not finding of contempt, and when the defendant did not exercise good faith incurring certain expenses not covered by the agreement. 215 CA 24.
Agreement of parties to submit to arbitration cannot deprive court of jurisdiction to issue contempt order prescribed by statute. 36 CS 266.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-87a. - Forms and instructions for application for contempt order based on violation of visitation order.

The Office of the Chief Court Administrator shall prepare forms, including instructions in plain language, for applying to the court for a contempt citation based upon a violation of a visitation order or for modification of a visitation order and shall make such forms available to litigants.
(P.A. 92-253, S. 10.)
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815o - Uniform Child Custody Jurisdiction Act (Repealed) › Section 46b-90 to 46b-114. - Uniform Child Custody Jurisdiction Act.

Sections 46b-90 to 46b-114, inclusive, are repealed, effective July 1, 2000.
(P.A. 78-318, S. 1
–
25; P.A. 95-206, S. 2; 95-316, S. 9
–
11; P.A. 99-185, S. 39, 40.)
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.

This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
(P.A. 99-185, S. 1, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115b. - Proceedings governed by other law.

The chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
(P.A. 99-185, S. 3, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115c. - Application to Indian tribes.

A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USC Section 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(P.A. 99-185, S. 4, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115d. - International application of chapter.

For purposes of this chapter, any child custody order of a foreign country shall be treated in the manner provided in section 46b-115hh.
(P.A. 99-185, S. 5, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115e. - Effect of child custody determination.

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 46b-115g or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
(P.A. 99-185, S. 6, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115f. - Priority.

If a question of the existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given calendar priority and handled expeditiously.
(P.A. 99-185, S. 7, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.

(a) Notice required for the exercise of jurisdiction over a person outside this state shall be given in a manner reasonably calculated to give actual notice, and may be: (1) By personal delivery outside this state in the manner prescribed for service of process within this state; (2) in the manner prescribed by the law of the place in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction; (3) any form of mail addressed to the person to be served and requesting a receipt; or (4) as directed by the court including publication, if other means of notification are ineffective.
(b) Except as otherwise provided by any provision of the general statutes, notice under this section shall be served, mailed or delivered or last published at least twelve days before any hearing in this state.
(c) Proof of service outside this state may be made by affidavit of the individual who made the service, or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the addressee.
(d) Except as otherwise provided by any provision of the general statutes, notice is not required if a person submits to the jurisdiction of the court.
(P.A. 99-185, S. 8, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115h. - Communication between courts.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(P.A. 99-185, S. 9, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115i. - Taking testimony in another state.

(a) In addition to other procedures available to a party, a party to a child custody proceeding, guardian ad litem or legal representative of the child may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
(P.A. 99-185, S. 10, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115j. - Cooperation between courts; preservation of records.

(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
(P.A. 99-185, S. 11, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115k. - Initial child custody jurisdiction.

(a) Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody determination if:
(1) This state is the home state of the child on the date of the commencement of the child custody proceeding;
(2) This state was the home state of the child within six months of the commencement of the child custody proceeding, the child is absent from the state, and a parent or a person acting as a parent continues to reside in this state;
(3) A court of another state does not have jurisdiction under subdivisions (1) or (2) of this subsection, the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and there is substantial evidence available in this state concerning the child's care, protection, training and personal relationships;
(4) A court of another state which is the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under a provision substantially similar to section 46b-115q or section 46b-115r, the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and there is substantial evidence available in this state concerning the child's care, protection, training and personal relationships;
(5) All courts having jurisdiction under subdivisions (1) to (4), inclusive, of this subsection have declined jurisdiction on the ground that a court of this state is the more appropriate forum to determine custody under a provision substantially similar to section 46b-115q or section 46b-115r; or
(6) No court of any other state would have jurisdiction under subdivisions (1) to (5), inclusive, of this subsection.
(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
(P.A. 99-185, S. 12, 40.)
History: P.A. 99-185 effective July 1, 2000.
Because the Uniform Child Custody Jurisdiction and Enforcement Act does not confer subject matter jurisdiction on our courts, but instead determines whether our courts may exercise existing jurisdiction or must defer to another state's jurisdiction, this section provides no impediment to statutes, such as section 46b-121, that determine the scope of jurisdiction and this court giving effect to section 46b-121 does not nullify any provision of said act. 335 C. 745.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115l. - Jurisdiction.

(a) Except as otherwise provided in section 46b-115n, a court of this state which has made a child custody determination pursuant to sections 46b-115k to 46b-115m, inclusive, has exclusive, continuing jurisdiction over the determination until: (1) A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state; or (2) a court of this state determines that (A) this state is not the home state of the child, (B) a parent or a person acting as a parent continues to reside in this state but the child no longer has a significant relationship with such parent or person, and (C) substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships.
(b) A court of this state which has made a child custody determination but does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 46b-115k.
(P.A. 99-185, S. 13, 40.)
History: P.A. 99-185 effective July 1, 2000.
Subsec. (a):
A court of this state has continuing jurisdiction over the custody order until all three of the statutory factors are met and court erred when it made its determination on the basis of only one factor without addressing the remaining factors. 206 CA 266.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115m. - Modification of custody determination of another state.

(a) Except as otherwise provided in section 46b-115n, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivisions (1) to (4), inclusive, of subsection (a) of section 46b-115k and one of the following occurs: (1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under a provision substantially similar to section 46b-115l; (2) a court of another state determines that a court of this state would be a more convenient forum under a provision substantially similar to section 46b-115q; or (3) a court of this state or another state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
(b) Notwithstanding the provisions of this chapter, a court of this state may modify a child custody determination made by a court of another state if: (1) The child resides in this state with a parent; (2) the child has been, or is under a threat of being, abused or mistreated by a person who resides in the state which would have jurisdiction under the provisions of this chapter; and (3) the court of this state determines that it is in the child's best interest to modify the child custody determination.
(P.A. 99-185, S. 14, 40.)
History: P.A. 99-185 effective July 1, 2000.
Subsec. (b):
Federal Parental Kidnapping Prevention Act preserves to the state that initially enters a child custody determination that is valid under its own law and is consistent with the PKPA the sole prerogative to modify that determination, as long as any modification would also be valid under its own law and either the child or a contestant continues to live in the state. 97 CA 46.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115o. - Notice and opportunity to be heard; joinder.

(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standard established in section 46b-115g shall be given to the parties, any parent whose parental rights have not been previously terminated and any person who has physical custody of the child.
(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by section 46b-57.
(P.A. 99-185, S. 16, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115p. - Simultaneous proceedings.

(a) Except as otherwise provided in section 46b-115n, if at the time of the commencement of the proceeding in this state a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction pursuant to a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, a court of this state shall not exercise jurisdiction. A court of this state may exercise jurisdiction if the proceeding in the other state has been terminated or is stayed by the court of the other state because such court has determined pursuant to a provision substantially similar to section 46b-115q, that a court in this state is a more convenient forum.
(b) Except as otherwise provided in section 46b-115n, the court shall, after review of relevant information provided to it, determine whether a child custody proceeding has been commenced in another state. If such proceeding has been commenced, the court in this state shall take appropriate action to communicate with the other court and to resolve which court shall have jurisdiction. If the court of this state determines that the court of the other state has jurisdiction pursuant to a provision substantially similar to section 46b-115k, 46b-115
l
or 46b-115m, the court of this state shall stay its proceeding while the court of the other state determines whether the court of this state is the more appropriate forum. If the court of the other state determines that the court of this state is not a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) Except as otherwise provided in section 46b-115n, the court, in a proceeding to modify a child custody determination, shall after review of relevant information provided to it, determine whether a proceeding to enforce the determination has been commenced in another state. If the court determines that such enforcement proceeding has commenced, the court may (1) stay the proceeding for modification pending the entry of an order of the court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate.
(d) Except as otherwise provided in section 46b-115n, the court, in a proceeding to enforce a child custody determination, shall proceed, with regard to simultaneous proceedings, in accordance with the provisions of section 46b-115z.
(P.A. 99-185, S. 17, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115q. - Inconvenient forum.

(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon a motion of a party, the guardian ad litem for the child or the attorney for the child, the court's own motion or a request of another court.
(b) In determining whether a court of this state is an inconvenient forum and that it is more appropriate for a court of another state to exercise jurisdiction, the court shall allow the parties to submit information and shall consider all relevant factors including: (1) Whether family violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this state; (3) the distance between the court in this state and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for dissolution of marriage, divorce or another proceeding while still retaining jurisdiction over the dissolution of marriage, divorce or other proceeding.
(P.A. 99-185, S. 18, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.

(a) Except as otherwise provided in section 46b-115n, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115
l
or 46b-115m determines that this state is a more appropriate forum under a statute similar to section 46b-115q; or
(3) No court of any other state would have jurisdiction under the criteria specified in sections 46b-115k to 46b-115m, inclusive.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115
l
or 46b-115m.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction reasonable expenses including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against the state unless authorized by law.
(P.A. 99-185, S. 19, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115t. - Appearance of parties and child.

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If the court orders the appearance of a party who is outside this state, the court may order that a notice is given in accordance with section 46b-115g and that such notice include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to such party.
(c) The court may enter any orders necessary to ensure the safety of the child or of any person ordered to appear pursuant to this section.
(d) The court may order a party to pay for reasonable and necessary travel and expenses of a party to the child custody proceeding or the child who is outside the state.
(P.A. 99-185, S. 21, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115u. - Definitions.

As used in sections 46b-115u to 46b-115gg, inclusive, “petitioner” means a person who seeks enforcement of a child custody determination, and “respondent” means a person against whom a proceeding has been commenced for enforcement of a child custody determination.
(P.A. 99-185, S. 22, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115v. - Enforcement under Hague Convention.

A court of this state may enforce an order by a federal court or another state court for the return of a child made pursuant to the Hague Convention on the Civil Aspects of International Child Abduction in accordance with section 46b-115jj.
(P.A. 99-185, S. 23, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115x. - Enforcement of child custody determination.

A court of this state shall recognize and enforce, but not modify except in accordance with section 46b-115m, a child custody determination of a court of another state if (1) the court of the other state exercised jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter, or (2) the child custody determination was registered in this state pursuant to section 46b-115w. A child custody determination which satisfies the criteria in subdivision (1) or (2) of this section shall have the same effect and shall be enforced in the same manner as a child custody determination rendered by the Superior Court.
(P.A. 99-185, S. 25, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115y. - Temporary visitation order.

(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing (1) the visitation schedule made by the court of another state, or (2) the visitation provisions of a child custody determination of another state which does not provide for a specific visitation schedule.
(b) If a court of this state makes an order pursuant to subdivision (2) of subsection (a) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115
l
or 46b-115m. The order remains in effect until an order is obtained from the other court or the period expires, whichever comes first.
(P.A. 99-185, S. 26, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115z. - Simultaneous proceedings.

If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, the enforcing court shall immediately communicate with the modifying court. The court of this state shall proceed with the action for enforcement of the child custody determination unless the court, after consultation with the modifying court, stays or dismisses the proceeding.
(P.A. 99-185, S. 27, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115bb. - Service of petition and order.

Except as otherwise provided in section 46b-115dd, the petition and order shall be served upon the respondent and any person who has physical custody of the child by personal service.
(P.A. 99-185, S. 29, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115cc. - Hearing and order.

(a) Unless the court issues a temporary emergency order pursuant to section 46b-115n, the court shall enforce the child custody determination and if appropriate, order the petitioner to take immediate physical custody of the child unless the respondent establishes that: (1) The child custody determination has not been registered and confirmed pursuant to section 46b-115w and (A) the court issuing the order for which enforcement is sought did not have jurisdiction under section 46b-115k, 46b-115l or 46b-115m or a provision substantially similar to said sections; (B) the child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under section 46b-115k, 46b-115l or 46b-115m or a provision substantially similar to said sections; or (C) the respondent was entitled to notice, but notice of the proceedings before the court that issued the order for which enforcement is sought was not given in accordance with section 46b-115g or in a manner reasonably calculated to give actual notice; or (2) the child custody determination for which enforcement is sought was registered and confirmed pursuant to section 46b-115w, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under section 46b-115k, 46b-115l or 46b-115m.
(b) The court shall award the fees, costs and expenses as provided in section 46b-115ee and may grant additional relief, including a request for the assistance of law enforcement officials.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under sections 46b-115u to 46b-115gg, inclusive.
(P.A. 99-185, S. 30, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115dd. - Order to take physical custody of child.

(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of an order to take physical custody of the child if the child will suffer imminent, serious physical harm or will be removed from the state. The application for the order shall include the statements required by subsection (b) of section 46b-115aa. If the court, after reviewing the petition, testimony of the petitioner or other witnesses and other facts before it, finds there is a substantial likelihood that the child will suffer imminent serious physical harm or be removed from this state, it may issue an order to an appropriate law enforcement official to take physical custody of the child and place the child in the care of an appropriate person pending a hearing pursuant to subsection (b) of this section. In making the decision on placement of the child, the court may impose conditions to ensure the appearance of the child and the person with whom the child is placed at the hearing. Such order shall include the court's findings and the facts upon which the court made its findings. The petition and the order shall be served upon the respondent at the time the child is taken into physical custody or immediately thereafter.
(b) The court shall hold a hearing on the petition on the next business day after the order and the petition is served unless there are compelling circumstances.
(P.A. 99-185, S. 31, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115ee. - Costs, fees and expenses.

The court shall award the prevailing party necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(P.A. 99-185, S. 32, 40; P.A. 00-196, S. 46.)
History: P.A. 99-185 effective July 1, 2000; P.A. 00-196 made technical change.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115ff. - Recognition and enforcement of order issued by another state.

A court of this state shall accord full faith and credit to an enforcement order issued by another state in accordance with statutes substantially similar to this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under sections 46b-115k to 46b-115t, inclusive.
(P.A. 99-185, S. 33, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115gg. - Appeals.

An order enforcing a child custody determination may not be stayed pending appeal unless the court enters a temporary emergency order under section 46b-115n.
(P.A. 99-185, S. 34, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115hh. - Definitions.

As used in sections 46b-115ii and 46b-115jj: “Foreign child custody determination” means any judgment, decree or other order of a court or tribunal of competent jurisdiction of a foreign state providing for legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(P.A. 99-185, S. 36, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115ii. - Foreign child custody determination.

A court of this state shall treat a foreign child custody determination made under factual circumstances in substantial conformity with the jurisdictional standards of this chapter, including reasonable notice and opportunity to be heard to all affected persons, as a child custody determination of another state under sections 46b-115 to 46b-115t, inclusive, unless such determination was rendered under child custody law which violates fundamental principles of human rights or unless such determination is repugnant to the public policy of this state.
(P.A. 99-185, S. 37, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act › Section 46b-115jj. - Enforcement of foreign child custody order re return of child under Hague Convention.

A court of this state shall enforce a foreign child custody determination or an order of a federal court or another state court for return of a child under The Hague Convention on the Civil Aspects of International Child Abduction made under factual circumstances in substantial conformity with the jurisdictional standards of this chapter, including reasonable notice and opportunity to be heard to all affected persons, as a child custody determination of another state under sections 46b-115u to 46b-115gg, inclusive, unless such determination was rendered under child custody law which violates fundamental principles of human rights or unless such determination is repugnant to the public policy of this state.
(P.A. 99-185, S. 38, 40.)
History: P.A. 99-185 effective July 1, 2000.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815t - Juvenile Matters › Section 46b-121a. - Referral of juvenile matters to state referees.

The Superior Court may refer any juvenile matter to a state referee who shall have been a judge of the Superior Court. Any hearing by such referee shall be conducted as provided in section 52-434. Such referee shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in cases and matters referred pursuant to this section.
(P.A. 95-225, S. 29.)
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815t - Juvenile Matters › Section 46b-121b. - Handling of juvenile matters.

(a) The Division of Criminal Justice shall have charge of all proceedings concerning juvenile matters in the criminal session of the Superior Court and all proceedings concerning families with service needs in the civil session of the Superior Court.
(b) The Attorney General shall have charge of all proceedings concerning juvenile matters in the civil session of the Superior Court.
(P.A. 95-225, S. 45, 52.)
History: P.A. 95-225 effective July 1, 1996.
See Sec. 51-1d re transfer of duties of “Juvenile Detention Services Division” to Court Support Services Division.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815t - Juvenile Matters › Section 46b-121h. - Goals of juvenile justice system.

It is the intent of the General Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts through the support of programs and services designed to prevent re-offending. The goals of the juvenile justice system shall be to:
(1) Hold juveniles accountable for their unlawful behavior;
(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;
(3) Adequately protect the community and juveniles;
(4) Provide programs and services that are community-based and in close proximity to the juvenile's community;
(5) Maintain and support juveniles within their homes whenever possible and appropriate;
(6) Base probation case planning upon individual risks and needs;
(7) Include the juvenile's family in case planning;
(8) Provide supervision and service coordination where appropriate and implement and monitor the case plan in order to discourage reoffending;
(9) Provide follow-up and community-based services to juveniles who are returned to their families or communities;
(10) Promote the development and implementation of community-based programs designed to prevent reoffending and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system; and
(11) Create and maintain programs for juveniles that (A) are developmentally appropriate, trauma informed and gender responsive, and (B) incorporate restorative principles and practices.
(P.A. 95-225, S. 1, 52; P.A. 01-181, S. 2; P.A. 18-31, S. 28.)
History: P.A. 95-225 effective July 1, 1996; P.A. 01-181 amended Subdiv. (10) by adding “including, but not limited to, mental health services” and added Subdiv. (11) re creation and maintenance of programs for juvenile offenders that are gender specific; P.A. 18-31 replaced provision re needs of juveniles charged with delinquent act with provision re preventing re-offending, amended Subdiv. (5) by replacing “retain” with “maintain”, amended Subdiv. (6) by replacing “treatment planning upon individual case management plans” with “case planning upon individual risks and needs”, amended Subdiv. (7) by replacing “case management plan” with “case planning”, amended Subdiv (8) by replacing “case management plan” with “case plan”, amended Subdiv. (9) by replacing “nonresidential postrelease” with “community-based”, amended Subdiv. (10) by deleting reference to mental health services and replacing “unlawful behavior” with “reoffending”, amended Subdiv. (11) by deleting provision re gender specific programs, adding Subpara. (A) re programs that are developmentally appropriate, trauma informed and gender responsive and adding Subpara. (B) re programs that incorporate restorative principles and practices, and made technical changes, effective July 1, 2018.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815t - Juvenile Matters › Section 46b-121i and 46b-121j. - Duties and responsibilities of the Judicial Department in providing programs and services to the juvenile justice system. Programs and probation treatment services for juvenile offenders.

Sections 46b-121i and 46b-121j are repealed, effective July 1, 2018.
(P.A. 95-225, S. 2
–
4, 52; P.A. 02-132, S. 19; P.A. 18-31, S. 43.)