Sec. 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.
Sec. 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.
Sec. 46b-115n. Temporary emergency jurisdiction. (a) A court of this state has
temporary emergency jurisdiction if the child is present in this state and (1) the child
has been abandoned, or (2) it is necessary in an emergency to protect the child because
the child, a sibling or a parent has been, or is under a threat of being, abused or mistreated.
As used in this subsection with respect to a child, "abused" shall have the same meaning
as in section 46b-120.
(b) If there is no previous child custody determination that is enforceable under this
chapter and a child custody proceeding has not been commenced in a court of a state
having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, a child custody determination made under this section remains in
effect until an order is obtained from a court of a state having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m. A child custody
determination made under this section shall be a final determination if: (1) A child
custody proceeding has not been or is not commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m;
(2) this state has become the home state of the child; and (3) the child custody determination provides that it is a final determination.
(c) If there is a previous child custody determination that is enforceable under this
chapter or if a child custody proceeding has been commenced in a court of a state having
jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or
46b-115m, the court of this state which issues an order pursuant to this section shall
specify that such order is effective for a period of time which the court deems adequate
to allow the person seeking an order to obtain such order from the other state which has
jurisdiction. Such order shall be effective for that period of time specified in the order
or until an order is obtained from the other state whichever occurs first.
(d) If the court, in any proceeding commenced pursuant to this section, is informed
that a child custody proceeding has been commenced, or that a child custody determination has been made, by a court of another state having jurisdiction pursuant to a provision
substantially similar to section 46b-115k, 46b-115l or 46b-115m, such court shall immediately communicate with the court of the other state and take appropriate action, including the making of temporary orders for a specified period of time, to resolve the emergency and to protect the safety of the child and the parties.
(P.A. 99-185, S. 15, 40.)
History: P.A. 99-185 effective July 1, 2000.
Sec. 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.
Sec. 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-115l 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.
Sec. 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.
Sec. 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-115l 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-115l 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.
Sec. 46b-115s. Information required by the court. (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable and not confidential under state law, under oath as to the
child's present address or location, the places where the child has lived during the past
five years, and the names and present addresses of the persons with whom the child has
lived during the past five years. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so, identify the
court, the case number, and the date of the child custody determination;
(2) Knows of any civil or criminal proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to family violence,
protective orders, termination of parental rights and adoptions, and if so, identify the
court, the case number and the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding
who has physical custody of the child or claims rights of legal custody or physical
custody of, or visitation with, the child and if so, the names and addresses of those
persons.
(b) If the information required by subsection (a) of this section is not provided, the
court upon motion of a party or on its own motion may stay the proceeding until such
information is provided.
(c) If the party provides any of the information required in subdivisions (1) to (3)
of subsection (a) of this section, such party shall also provide any additional information
under oath as required by the court. The court may examine the parties under oath as
to details of the information provided and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this
state or another state that could affect the current proceeding.
(e) If a party under oath alleges in an affidavit or a pleading or on a form prescribed
by the Office of the Chief Court Administrator that the health, safety or liberty of a party
or child would be jeopardized by disclosure of location information, the information
must be sealed and shall not be disclosed to the other party or the public unless the court,
after a hearing, determines that it is in the interest of justice that such disclosure be
made. The party making such allegation shall (1) provide obvious notice to the clerk of
the court that such allegation is being made; (2) not file location information that poses
the risk unless ordered by the court; (3) identify, in writing, documents previously filed
with the court that contain location information that poses the risk; and (4) if, at the time
the allegation is made, the party is not represented by counsel in the proceeding, provide
the clerk of the court with a mailing address that may be disclosed to the public. Except
as otherwise provided by rule of court, as used in this subsection, "obvious notice" means
notice as provided on a form prescribed by the Office of the Chief Court Administrator or
a notice to the clerk of the court which is set forth in the bottom margin of the first page
of such filed document.
(P.A. 99-185, S. 20, 40; P.A. 00-49, S. 2, 7; 00-191, S. 13, 16; P.A. 01-186, S. 16; P.A. 03-19, S. 107.)
History: P.A. 99-185 effective July 1, 2000; P.A. 00-49 amended Subsec. (e) by deleting "in an affidavit or pleading"
and inserting "on a form prescribed by the Office of the Chief Court Administrator", changed "identifying" to "location"
and deleted phrase "must be sealed and may" and inserted "shall", effective July 1, 2000; P.A. 00-191 amended Subsec.
(e) to restore provisions permitting allegations to be in an affidavit or a pleading, as alternatives to on a form and requiring
information to be sealed, which had been deleted by P.A. 00-49, effective July 1, 2000; P.A. 01-186 amended Subsec. (e)
by making technical changes, adding requirements applicable to party making allegation and defining obvious notice; P.A.
03-19 made technical changes in Subsec. (e), effective May 12, 2003.
Sec. 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.
PART III
ENFORCEMENT
Sec. 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.
Sec. 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.
Sec. 46b-115w. Registration of child custody determination. (a) A child custody
determination issued by a court of another state may be registered in this state, with or
without a simultaneous request for enforcement, by sending to the Superior Court in
this state: (1) A letter or other document requesting registration; (2) two copies, including
one certified copy, of the determination sought to be registered, and a statement under
penalty of perjury that to the best of the knowledge and belief of the petitioner the order
has not been modified; and (3) except as otherwise provided in section 46b-115s, the
name and address of the petitioner and any parent or person acting as parent who has
been awarded custody or visitation in the child custody determination sought to be
registered.
(b) On receipt of the documents required by subsection (a) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with
one copy of any accompanying documents and information, regardless of their form.
(c) Within five days after the registering court's receipt of the documents required
by subsection (a) of this section, the petitioner shall notify the persons named pursuant
to subdivision (3) of subsection (a) of this section of the registration of the documents
by certified mail, return receipt requested at their respective last-known addresses or
by personal service, and provide them with an opportunity to contest the registration in
accordance with this section. The notice required in this subsection shall state that: (1)
A registered determination is enforceable as of the date of the registration in the same
manner as a determination issued by a court of this state; (2) a hearing to contest the
validity of the registered determination must be requested within twenty days after service of notice; and (3) failure to contest the registration will, upon proof of notice, result
in confirmation of the child custody determination and preclude further contest of that
determination with respect to any matter that could have been asserted.
(d) A hearing to contest the validity of the registered determination shall be requested within twenty days after service of the notice. Such hearing shall be held within
twenty days of the receipt of such request. At that hearing, the court shall confirm the
registered order unless the respondent establishes that: (1) The issuing court did not
have jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or
46b-115m; (2) the child custody determination sought to be registered has been vacated,
stayed or modified by a court having jurisdiction to do so pursuant to a statute substantially similar to sections 46b-115k to 46b-115m, inclusive; or (3) the respondent was
entitled to notice of the proceedings before the court that issued the order for which
registration is sought, but such notice was not given in a manner reasonably calculated
to give actual notice.
(e) If a timely request for a hearing to contest the validity of the registration is not
made, the registration is confirmed as a matter of law with respect to those who have
received proper notice and all persons served must be notified of the confirmation by
the petitioner.
(f) Confirmation of a registered order, whether by operation of law or after notice
and hearing, precludes further contest of the order with respect to any matter that could
have been asserted at the time of registration.
(P.A. 99-185, S. 24, 40; P.A. 00-49, S. 3, 7; 00-191, S. 14, 16.)
History: P.A. 99-185 effective July 1, 2000; P.A. 00-49 amended Subsec. (d) by changing "The respondent must request
a hearing" to "A hearing to contest the validity of the registered determination shall be requested", effective July 1, 2000;
P.A. 00-191 amended Subsec. (d) by requiring hearing to be held within twenty days of receipt of request, effective July
1, 2000.
Sec. 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.
Sec. 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-115l 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.
Sec. 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.
Sec. 46b-115aa. Expedited enforcement of child custody determination. (a) A
petitioner seeking to enforce a child custody determination must verify the petition and
attach copies of certified copies of all orders or notice sought to be enforced and of any
order confirming registration if such child custody determination has been registered.
(b) A petition for enforcement of a child custody determination shall state: (1)
Whether the court that issued the determination identified the jurisdictional basis it
relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the
determination for which enforcement is sought has been vacated, stayed or modified
by a court whose decision must be enforced under this chapter and, if so, identify the
court, the case number and the nature of the proceeding; (3) whether any proceeding
has been commenced that could affect the current proceeding, including proceedings
relating to family violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;
(4) the present physical address of the child and the respondent, if known; (5) whether
relief in addition to the immediate physical custody of the child and attorneys' fees are
sought, including a request for assistance from law enforcement officials, and, if so, the
relief sought; and (6) if the child custody determination has been registered and confirmed under section 46b-115w, the date and place of registration.
(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing, the time and place of
which shall be specified, and may enter any order necessary to ensure the safety of the
parties and the child. The order shall advise the respondent that at the hearing, the court
will order that the petitioner take immediate physical custody of the child and the payment of fees, costs and expenses under section 46b-115ee, and any other relief that the
court may deem appropriate, unless the respondent appears and 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 sections 46b-115k to 46b-115t, inclusive; 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 provide 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 or a provision substantially
similar to said sections. The hearing must be held on the next business day after service
of the order unless otherwise ordered for good cause shown. The court may extend the
date of the hearing at the request of the petitioner.
(P.A. 99-185, S. 28, 40.)
History: P.A. 99-185 effective July 1, 2000.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.