Sec. 46b-1. (Formerly Sec. 51-330). Family relations matters and domestic violence defined.
Sec. 46b-1. (Formerly Sec. 51-330). Family relations matters and domestic violence defined. (a) Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving: (1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-48; (2) legal separation; (3) annulment of marriage; (4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment; (5) actions brought under section 46b-15; (6) complaints for change of name; (7) civil support obligations; (8) habeas corpus and other proceedings to determine the custody and visitation of children; (9) habeas corpus brought by or on behalf of any mentally ill person except a person charged with a criminal offense; (10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523; (11) juvenile matters as provided in section 46b-121; (12) all rights and remedies provided for in chapter 815j; (13) the establishing of parentage; (14) appeals from probate concerning: (A) Adoption or termination of parental rights; (B) appointment and removal of guardians; (C) custody of a minor child; (D) appointment and removal of conservators; (E) orders for custody of any child; and (F) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute; (15) actions related to prenuptial and separation agreements and to matrimonial and civil union decrees of a foreign jurisdiction; (16) dissolution, legal separation or annulment of a civil union performed in a foreign jurisdiction; (17) custody proceedings brought under the provisions of chapter 815p; and (18) all such other matters within the jurisdiction of the Superior Court concerning children or family relations as may be determined by the judges of said court.
(b) As used in this title, “domestic violence” means: (1) A continuous threat of present physical pain or physical injury against a family or household member, as defined in section 46b-38a; (2) stalking, including but not limited to, stalking as described in section 53a-181d, of such family or household member; (3) a pattern of threatening, including but not limited to, a pattern of threatening as described in section 53a-62, of such family or household member or a third party that intimidates such family or household member; or (4) coercive control of such family or household member, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty. “Coercive control” includes, but is not limited to, unreasonably engaging in any of the following:
(A) Isolating the family or household member from friends, relatives or other sources of support;
(B) Depriving the family or household member of basic necessities;
(C) Controlling, regulating or monitoring the family or household member's movements, communications, daily behavior, finances, economic resources or access to services;
(D) Compelling the family or household member by force, threat or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to (i) engage in conduct from which such family or household member has a right to abstain, or (ii) abstain from conduct that such family or household member has a right to pursue;
(E) Committing or threatening to commit cruelty to animals that intimidates the family or household member; or
(F) Forced sex acts, or threats of a sexual nature, including, but not limited to, threatened acts of sexual conduct, threats based on a person's sexuality or threats to release sexual images.
(1959, P.A. 531, S. 3; 1967, P.A. 183, S. 3; P.A. 73-373, S. 36; P.A. 76-436, S. 89, 681; P.A. 77-336, S. 2; 77-452, S. 15, 72; 77-576, S. 37, 65; P.A. 78-318, S. 26; 78-379, S. 13, 27; P.A. 86-337, S. 9; P.A. 03-19, S. 101; P.A. 12-133, S. 32; P.A. 13-194, S. 1; P.A. 21-15, S. 109; 21-78, S. 1; 21-104, S. 16.)
History: 1967 act removed jurisdiction of commitments of mentally ill persons; P.A. 73-373 substituted “dissolution of marriage” for “divorce” where appearing; P.A. 76-436 restated provisions generally, in Subdiv. (6) included criminal actions, in Subdiv. (7) added reference to visitation, inserted new Subdivs. (10) to (14), renumbering remaining Subdivs. accordingly, in Subdiv. (15) included termination of penal rights and rephrased clause re orders of commitment, deleted former Subdiv. re appeals from judgment or order of juvenile court, inserted new Subdivs. (16) and (17) and renumbered former Subdiv. (12), effective July 1, 1978; P.A. 77-336 inserted new Subdiv. (5) re actions brought under Sec. 46b-38, renumbering accordingly; P.A. 77-452 deleted former Subdiv. (12) re judicial consent to marriage of a minor, renumbering accordingly and making minor changes in wording elsewhere; P.A. 77-576 deleted former Subsec. (10) re termination of parental rights with regard to children committed to state agency and contested termination of parental rights transferred to probate court and included jurisdictional power re matrimonial decrees of foreign jurisdiction; P.A. 78-318 included jurisdiction over custody proceedings under Ch. 815; P.A. 78-379 deleted reference to criminal actions in Subdiv. (7) and deleted former Subdiv. (16) re offenses committed by minor children against their parents; Sec. 51-182c temporarily renumbered as Sec. 51-330 and ultimately transferred to Sec. 46b-1 in 1979; P.A. 86-337 substituted reference to Sec. 46b-15 for reference to Sec. 46b-38; P.A. 03-19 made technical changes, effective May 12, 2003; P.A. 12-133 added “and civil union” in Subdiv. (15), effective July 1, 2012; P.A. 13-194 added new Subdiv. (16) re dissolution, legal separation or annulment of a civil union performed in a foreign jurisdiction, redesignated existing Subdivs. (16) and (17) as Subdivs. (17) and (18), and made a technical change; P.A. 21-15 amended Subdiv. (13), codified by the Revisors as Subsec. (a)(13) pursuant to public act 21-78, by replacing “paternity” with “parentage”, effective January 1, 2022; P.A. 21-78 designated existing provisions as Subsec. (a), replaced reference to Sec. 46b-47 with reference to Sec. 46b-48 in Subdiv. (1) and added Subsec. (b) defining “domestic violence”, effective June 28, 2021; P.A. 21-104 replaced reference to Sec. 46b-47 with reference to Sec. 46b-48, effective June 28, 2021.
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Sec. 46b-1a. Pattern of frivolous and intentionally fabricated pleadings or motions in family relations matter. In any family relations matter described in section 46b-1, if the court finds that a pattern of frivolous and intentionally fabricated pleadings or motions are filed by one party, the court shall sanction such party in an appropriate manner so as to allow such matter to proceed without undue delay or obstruction by the party filing such pleadings or motions.
(P.A. 21-78, S. 10.)
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Sec. 46b-6a. Court order re parent or child undergo treatment or evaluation from a qualified, licensed health care provider. Selection of qualified, licensed health care provider. (a) In a family relations matter, as defined in section 46b-1, if a court orders that a parent undergo treatment from a qualified, licensed health care provider, the court shall permit the parent to select a qualified, licensed health care provider to provide such treatment.
(b) In a family relations matter, as defined in section 46b-1, if a court orders that a child undergo treatment from a qualified, licensed health care provider, the court shall permit the parent or legal guardian of such child to select a qualified, licensed health care provider to provide such treatment. Except in a case where a parent has been awarded sole custody, if the parents do not agree on the selection of a qualified, licensed health care provider to provide such treatment to a child, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select a qualified, licensed health care provider. If after the two-week period, the parents have not reached an agreement on the selection of a qualified, licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to such parents.
(c) (1) In a family relations matter, as defined in section 46b-1, if the parties agree or if a court orders that a parent or child undergo an evaluation from a qualified, licensed health care provider, the court shall first make a finding that the parties have the financial resources to pay for such evaluation.
(2) If the court has determined that an evaluation can be undertaken and a qualified, licensed health care provider has been selected to perform the evaluation, the court's order for an evaluation shall contain the name of each provider who is to undertake the evaluation, the estimated cost of the evaluation, each party's responsibility for the cost of the evaluation, the professional credentials of each provider and the estimated deadline by which such evaluation shall be completed and submitted to the court.
(3) Not later than thirty days after the date of completion of such evaluation, the provider shall file a report containing the results of the evaluation with the clerk of the court, who shall seal such report.
(P.A. 18-177, S. 1; P.A. 21-15, S. 110.)
History: P.A. 21-15 amended Subsec. (b) by replacing “one of the parents” with “a parent” and replacing “if both parents” with “if the parents”, effective January 1, 2022.
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