Sec. 46b-3. (Formerly Sec. 51-332). Domestic relations officers and other employees. (a) The judges of the Superior Court shall appoint such domestic relations
officers and other personnel as they deem necessary for the proper operation of the
family relations sessions. The salaries and duties of such officers shall be determined
by the judges in accordance with the compensation plan established under section 51-12. For the purposes of any investigation or pretrial conference the judge presiding at
any family relations session may employ the services of any probation officer, including
those under the direction of the Office of Adult Probation, physician, psychologist,
psychiatrist or family counselor. Each person serving on July 1, 1978, in the Court of
Common Pleas appointed under the provisions of section 51-156c, revised to 1975, shall
continue to serve in the Superior Court. In no event shall the compensation of such
person be affected solely as a result of the transfer of jurisdiction provided in section
51-164s. The Chief Court Administrator may assign, reassign and modify the assignments of such family relations personnel as he deems necessary to be in the best interest
of the disposition of family relations matters. Such family relations personnel shall also
be available to assist the courts of probate in cases involving judicial consent to marriage
of a minor.
(b) Family relations personnel are authorized to collect fees in accordance with the
provisions of section 52-259.
(1959, P.A. 531, S. 5; P.A. 76-436, S. 10a, 92, 681; P.A. 78-280, S. 93, 127; P.A. 79-585, S. 7, 15; Nov. Sp. Sess. P.A.
81-6, S. 3, 4; P.A. 82-325, S. 5-7.)
History: P.A. 76-436 added reference to compensation plan under Sec. 51-12 and provisions re effect of transfer of
common pleas court personnel to superior courts on compensation and re assignment and reassignment decisions of chief
court administrator, effective July 1, 1978; P.A. 78-280 deleted requirement that persons reassigned shall finish term of
appointment at compensation received while serving in common pleas court; P.A. 79-585 replaced commission on adult
probation with office of adult probation; Sec. 51-182e temporarily renumbered as Sec. 51-332 and ultimately transferred
to Sec. 46b-3 in 1979, see note to Sec. 51-182e; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) authorizing family relations
personnel to collect fees under Secs. 17-31i and 52-259; P.A. 82-325 amended Subsec. (b) by deleting the authorization
to collect fees in accordance with the provisions of "section 17-31i."
See Sec. 51-1d re transfer of duties of Family Division to Court Support Services Division.
There is no authority for domestic relations officers to resolve differences by rendering a decision concerning property
distribution. 180 C. 528, 532. Cited. 224 C. 776, 780.
Cited. 2 CA 472, 478, 479. Cited. 25 CA 693, 699, 700. Nothing in section and Sec. 46b-6 authorizes court to order
parties in a custody battle to undergo postjudgment psychiatric therapy or other counseling since those provisions apply
to pending family matters and trial court improperly ordered a postjudgment psychological evaluation and postjudgment
counseling. 61 CA 175.
Sec. 46b-4. (Formerly Sec. 51-333). Judge may retain jurisdiction until final
disposition. Any judge who hears a family relations matter may retain jurisdiction
thereof until its final disposition if, in his opinion, the ends of justice require.
(1959, P.A. 531, S. 6; P.A. 78-280, S. 1, 94, 127.)
History: P.A. 78-280 deleted provision which had allowed judge holding regular session to transfer actions in family
relations matters to the regular session for more speedy hearing; Sec. 51-182f temporarily renumbered as Sec. 51-333 and
ultimately transferred to Sec. 46b-4 in 1979, see note to Sec. 51-182f.
Sec. 46b-5. (Formerly Sec. 51-336). Transfer of family relations matters to and
from general docket. If the Chief Court Administrator deems it necessary for the proper
dispatch of business, he may direct that, for such period as he may fix, any portion of
the matters claimed for a family relations docket, except appeals be entered upon the
general docket of the court, or transferred from the family relations docket to the general
docket, and may likewise direct that any such cases entered on or transferred to the
general docket shall be transferred to the family relations docket. Any case so entered
or transferred to either docket shall be proceeded with as are other cases of a like nature
standing upon that docket.
(1959, P.A. 531, S. 9; 1967, P.A. 656, S. 33; 1971, P.A. 870, S. 14; P.A. 74-183, S. 280, 291; P.A. 76-436, S. 10a, 94, 681.)
History: 1967 act substituted chief court administrator for chief justice; 1971 act added Subsecs. (b) and (c) re transfer
of actions; P.A. 74-183 repealed provisions added by 1971 act; P.A. 76-436 deleted reference to appeals from juvenile
court and to chief judge, effective July 1, 1978; Sec. 51-182i was temporarily renumbered as Sec. 51-336 and ultimately
transferred to Sec. 46b-5 in 1979, see note to Sec. 51-182i.
Sec. 46b-6. (Formerly Sec. 51-337). Investigations. In any pending family relations matter the court or any judge may cause an investigation to be made with respect
to any circumstance of the matter which may be helpful or material or relevant to a
proper disposition of the case. Such investigation may include an examination of the
parentage and surroundings of any child, his age, habits and history, inquiry into the
home conditions, habits and character of his parents or guardians and evaluation of his
mental or physical condition. In any action for dissolution of marriage, legal separation
or annulment of marriage such investigation may include an examination into the age,
habits and history of the parties, the causes of marital discord and the financial ability
of the parties to furnish support to either spouse or any dependent child.
(1959, P.A. 531, S. 10; P.A. 73-373, S. 37; P.A. 76-436, S. 95, 681.)
History: P.A. 73-373 substituted "dissolution of marriage" for "divorce"; P.A. 76-436 substituted "pending family
relations matter" for "matter pending in a family relations session", effective July 1, 1978; Sec. 51-182j temporarily
renumbered as Sec. 51-337 and ultimately transferred to Sec. 46b-6 in 1979, see note to Sec. 51-182j.
The decision of a court whether to order an investigation and report is discretionary. 180 C. 533, 542. Cited. 181 C.
622, 637. Cited. 212 C. 63, 76, 77. Cited. 224 C. 776, 780.
An "evaluation" of a physical or mental condition is not equivalent to "treatment" of such a condition. 2 CA 472, 478,
479. Cited. 11 CA 189, 193. Cited. 23 CA 509, 516. Cited. 25 CA 693, 699, 700. Nothing in section and Sec. 46b-3
authorizes court to order parties in a custody battle to undergo postjudgment psychiatric therapy or other counseling
since those provisions apply to pending family matters and trial court improperly ordered a postjudgment psychological
evaluation and postjudgment counseling. 61 CA 175.
Sec. 46b-7. (Formerly Sec. 51-338). Report of investigation to be filed. Whenever, in any family relations matter, including appeals from the Superior Court, an investigation has been ordered, the case shall not be disposed of until the report has been filed
as hereinafter provided, and counsel and the parties have had a reasonable opportunity to
examine it prior to the time the case is to be heard. Any report of an investigation shall
be made in quadruplicate and shall be filed with the clerk and mailed to counsel of
record.
(1959, P.A. 531, S. 11; P.A. 76-436, S. 96, 681; P.A. 78-280, S. 96, 127; P.A. 79-431, S. 1.)
History: P.A. 76-436 deleted reference to appeals from juvenile court and made minor change in wording, effective
July 1, 1978; P.A. 78-280 substituted "family relations matter" for "family relations session"; P.A. 79-431 specifically
included appeals from superior court, required that parties to case have reasonable opportunity to examine report, required
that report be made in quadruplicate rather than in duplicate and required that it be mailed to counsel of record; Sec. 51-182k temporarily renumbered as Sec. 51-338 and ultimately transferred to Sec. 46b-7 in 1979, see note to Sec. 51-182k.
Cited. 212 C. 63, 76.
Cited. 25 CA 262-267.
Sec. 46b-8. (Formerly Sec. 51-341). Motion for modification of support order
combined with motion for contempt. Whenever a motion for modification of an order
for support and alimony is made to the superior court by a moving party against whom
a motion for contempt for noncompliance with such order is pending, the court shall
accept such motion and hear both motions concurrently.
(P.A. 73-308.)
History: Provisions originally codified as Sec. 51-182p were temporarily renumbered as Sec. 51-341 and ultimately
transferred to Sec. 46b-8 in 1979, see note to Sec. 51-182p.
Annotation to former section 51-182p:
Cited. 173 C. 397, 403.
Annotations to present section:
Cited. 191 C. 309, 314. Cited. 198 C. 479, 487. Cited. 199 C. 550, 553. Cited. 224 C. 905. Cited. 228 C. 630-632, 638, 639.
Cited. 13 CA 330, 352. Cited. 31 CA 788, 789, 791, 792. Section is directory; therefore right of trial court to defer
action on motion for modification under section is discretionary. 39 CA 669, 673, 674.
Subsec. (b):
Cited. 12 CA 113, 117.
Sec. 46b-9. (Formerly Sec. 51-340). Hearing by referee in action for dissolution
of marriage, legal separation or annulment. In any action for dissolution of marriage,
legal separation or annulment the court may refer the case or any matter in which the
issues have been closed to a state referee who shall have been a judge of the referring
court or who shall have been a judge of the Court of Common Pleas; provided the
referring court shall retain jurisdiction to hear and decide any pendente lite or contempt
matters until such time as the referee hears and decides the case or matter. The Chief
Court Administrator, or his designee, may authorize the presiding judge to refer to such
state referee any action for the dissolution of marriage, legal separation or annulment
which is on the family relations uncontested assignment list. Such uncontested assignment list matters shall be heard on the date on which they are assigned to be heard on
the uncontested assignment list, and if they are not heard on such date the reference shall
be automatically revoked. Any hearing by such referee shall be conducted as provided in
section 52-434.
(1959, P.A. 531, S. 13; P.A. 74-183, S. 285, 291; P.A. 75-261; 75-319, S. 1, 2; P.A. 78-379, S. 14, 27.)
History: P.A. 74-183 specified that referee "shall have been a judge of the referring court"; P.A. 75-261 substituted
"dissolution of marriage" for "divorce", allowed referee to have been a common pleas court judge and deleted provision
specifying that referee's duty is "to hear and report to the court the facts"; P.A. 75-319 added proviso re retention of
jurisdiction by referring court; P.A. 78-379 added provisions re referral and hearing of matters on uncontested assignment
list; Sec. 51-182m temporarily renumbered as Sec. 51-340 and ultimately transferred to Sec. 46b-9 in 1979, see note to
Sec. 51-182m.
The expression in statute of an alternative method for referring dissolution actions to a referee explicitly does away
with written consent as precondition to exercise of jurisdiction by referee. 181 C. 225, 228, 229. Cited. 186 C. 211, 216-
218; Id., 773, 777.
Sec. 46b-10. (Formerly Sec. 51-339). Attempt at reconciliation in action for
dissolution of marriage, legal separation or annulment. In any action for dissolution
of marriage, legal separation or annulment, at any time before final judgment any judge
may require that either or both parties appear before any judge, referee or other disinterested person for the purpose of attempting a reconciliation or adjustment of differences
between the parties. Any person designated under the provisions of this section may be
a family relations counselor or family relations caseworker and such person shall have
all the powers provided in chapter 910. Such person shall report to the court only the
fact of whether or not reconciliation can be effected and shall not divulge information
given to him by the parties except with the consent of all parties.
(1959, P.A. 531, S. 12; P.A. 83-295, S. 13.)
History: Provisions originally designated as Sec. 51-182l were temporarily renumbered as Sec. 51-339 and ultimately
transferred to Sec. 46b-10 in 1979, see note to Sec. 51-182l; P.A. 83-295 replaced "divorce" with "dissolution of marriage"
and "domestic relations officer or a person skilled in problems of family relations" with "family relations counselor or
family relations caseworker".
See Sec. 46b-53 re conciliation procedures.
Sec. 46b-11. (Formerly Sec. 51-335). Closed hearings and records. Any case
which is a family relations matter may be heard in chambers or, if a jury case, in a
courtroom from which the public and press have been excluded, if the judge hearing
the case determines that the welfare of any children involved or the nature of the case
so requires. The records and other papers in any family relations matter may be ordered
by the court to be kept confidential and not to be open to inspection except upon order
of the court or judge thereof for cause shown.
(1959, P.A. 531, S. 8; P.A. 76-436, S. 93, 681; P.A. 78-280, S. 95, 127.)
History: P.A. 76-436 applied provisions specifically to family relations matters, deleted references to appeals from
juvenile court and added exception, effective July 1, 1978; P.A. 78-280 referred to cases which are family relations matters
rather than to cases on docket of family relations sessions; Sec. 51-182h temporarily renumbered as Sec. 51-335 and
ultimately transferred to Sec. 46b-11 in 1979, see note to Sec. 51-182h.
See Sec. 46b-49 re private hearings.
See Sec. 46b-122 re exclusion from hearing room of persons whose presence is unnecessary in actions concerning
juvenile matters.
Cited. 2 CA 132, 139. Cited. Id., 472, 485.
Cited. 36 CS 352, 356. Protecting stability of leading Fortune 500 corporation's shares of stock outweighed public's
and media's right to access files and hearings in divorce proceedings of high ranking executive of such corporation. 45
CS 208.