These statutes may be amended by Public Acts which are not yet codified.

The Fine Print:
Selected Family Law Statutes
Part 1

Part I: Selections from Conn. Gen. Stats. §46b-1 through 46b-39.

Part II. Selections from Conn. Gen. Stat. §46b-40 through 46b-86.

Current through Jan. 1, 1997. Full text available on-line Connecticut State Library: Family Law Statutes

Susan K. Smith, Attorney at Law
Hartford and Avon, Connecticut

§ 46b-6. Investigations

§ 46b-8. Motion for modification of support order combined with motion for contempt

§ 46b-10. Attempt at reconciliation

§ 46b-11. Closed hearings and records

§ 46b-15. Relief from physical abuse

§ 46b-16. Petition to superior court for ex parte order re temporary care and custody of child when parent arrested for custodial interference.

§ 46b-22a. Validation of marriages performed by unauthorized justice of the peace

§ 46b-28. When marriages in foreign country are valid

§ 46b-36. Wife and husband property rights not affected by marriage

§ 46b-37. Joint duty of spouses to support family

§ 46b-38a. Family violence prevention and response: Definitions

§ 46b-38b. Investigation of family violence crime by peace officer. Arrest, when. Assistance to victim. Guidelines. Education and training program

§ 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Pretrial family violence education program

§ 46b-69b. Parenting education programs. Required

§ 46b-8. 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.

(1958 Rev., §§ 51-182p, 51-341; 1973, P.A. 73-308.)

§ 46b-10. 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.

(1958 Rev., 51-182l, 51-339; 1959, P.A. 531, § 12; 1983, P.A. 83-295, § 13, eff. Oct. 1, 1983.)


§ 46b-11. 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.

(1958 Rev., §§ 51-182h; 51-335; 1959, P.A. 531, § 8; 1976, P.A. 76-436, § 93, eff. July 1, 1978; 1978, P.A. 78-280, § 95, eff. July 1, 1978.)

§ 46b-15. Relief from physical abuse by family or household member. Application. Court orders. Duration. Copies. Expedited hearing for violation of order. Other remedies

    (a) Any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member may make an application to the Superior Court for relief under this section.

    (b) The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. Such order may include temporary child custody or visitation rights and such relief may include but is not limited to an order enjoining the respondent from (1) imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant or (3) entering the family dwelling or the dwelling of the applicant. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the order shall not be continued except upon agreement of the parties or by order of the court for good cause shown.

    (c) Every order of the court made in accordance with this section shall contain the following language: "This order may be extended by the court beyond six months. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both."

    (d) No order of the court shall exceed six months, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mailed directed to the respondent at his or her last known address.


    (e) The applicant shall cause notice of the hearing pursuant to subsection (b) and a copy of the application and of any ex parte order issued pursuant to subsection (b) to be served on the respondent not less than five days before the hearing. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division and a copy to the respondent. The clerk of the court shall send a certified copy of any ex parte order and order after notice and hearing to the appropriate law enforcement agency within forty-eight hours of its issuance.

    (f) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section.

    (g) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate.

    (h) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.

(1981, P.A. 81-272, § 2; 1986, P.A. 86-337, § 7; 1987, P.A. 87-567, § 4, eff. July 1, 1987; 1991, P.A. 91-6, § 1, eff. Feb. 21, 1991; 1991, P.A. 91-381, § 3, eff. Jan. 1, 1992; 1995, P.A. 95-193, § 1.)     (1996, P.A. 96-180, § 158, eff. June 3, 1996.)

P.A. 99-186 redefines "family or household member" to include persons who are in or recently have been in a dating relationship.

§ 46b-16. Petition to superior court for ex parte order re temporary care and custody of child when parent arrested for custodial interference. Duration of order

    (a) When (1) a parent or relative has been arrested for violation of section 53a-97 or 53a-98 or arrested pursuant to chapter 964 for an offense of intentional interference of the lawful custody of a child under the laws of another state or territory, and (2) a child has been in the care of such parent or relative, the legal custodian of the child or the department of children and families may petition the superior court or probate court which has venue over the matter for immediate temporary custody of the child.

    (b) If the court finds that there is a substantial likelihood that the child will be removed from the jurisdiction of the court prior to a hearing to determine custody, an order of temporary custody may be issued ex parte by the court granting the temporary care and custody of the child to a suitable person or agency pending a hearing to determine custody pursuant to chapter 815j or 815o.  Such hearing shall be held not more than five days from the issuance of the ex parte order nor less than three days from the return of service, whichever is later.

    (c) If the parent or relative arrested for violation of section 53a-97 or 53a-98 is in custody of the state, the state shall produce such parent or relative for the hearing to determine custody of the child pursuant to chapter 815j or 815o.

    (d) The sole duty of the department of children and families under this section shall be to provide care for the child during the period of custody pending determination of the custodial rights of the parents or guardians.


(1986, P.A. 86-311, § 2; 1993, P.A. 93-91, § 1, eff. July 1, 1993.)

§ 46b-22a. Validation of marriages performed by unauthorized justice of the peace

    All marriages, celebrated before June 10, 1996, otherwise valid except that the justice of the peace joining such persons in marriage did not have a valid certificate of qualification, are validated.

§ 46b-24a. Validation of marriages occurring in town other than town where license issued

    All marriages celebrated before April 13, 1995, otherwise valid except that the license for any such marriage was issued in a town other than the town in which such marriage was celebrated, are validated.

§ 46b-28. When marriages in foreign country are valid

    All marriages in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such marriage in this state and the marriage is celebrated in conformity with the law of that country; or (2) the marriage is celebrated, in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his consular jurisdiction, by any ordained or licensed clergyman engaged in the work of the ministry in any state of the United States or in any foreign country.

§ 46b-36. Wife and husband property rights not affected by marriage

    Neither husband nor wife shall acquire by the marriage any right to or interest in any property held by the other before or acquired after such marriage, except as to the share of the survivor in the property as provided by section 45a-436 and 45a-437. The separate earnings of the wife shall be her sole property. She shall have power to make contracts with her husband or with third persons, to convey to her husband or to third persons her real and personal estate and to receive conveyances of real and personal estate from her husband or from third persons as if unmarried. She may bring suit in her own name upon contracts or for torts and she may be sued for a breach of contract or for a tort; and her property, except such as is exempt by law, may be taken on attachment and execution, but shall not be taken for the debts of her husband, except as provided in section 46b-37. The husband shall not be liable for her debts contracted before marriage, nor upon her contracts made after marriage, except as provided in said section.

§ 46b-37. Joint duty of spouses to support family. Liability for purchases and certain expenses. Abandonment

    (a) Any purchase made by either a husband or wife in his or her own name shall be presumed, in the absence of notice to the contrary, to be made by him or her as an individual and he or she shall be liable for the purchase.

    (b) Notwithstanding the provisions of subsection (a) of this section, it shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of its parents; (3) the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them for that purpose; and (4) any article purchased by either which has in fact gone to the support of the family, or for the joint benefit of both.

    (c) Notwithstanding the provisions of subsection (a) of this section, a spouse who abandons his or her spouse without cause shall be liable for the reasonable support of such other spouse while abandoned.

    (d) No action may be maintained against either spouse under the provisions of this section, either during or after any period of separation from the other spouse, for any liability incurred by the other spouse during the separation, if, during the separation the spouse who is liable for support of the other spouse has provided the other spouse with reasonable support.

    (e) Abandonment without cause by a spouse shall be a defense to any liability pursuant to the provisions of subdivisions (1) to (4), inclusive, of subsection (b) of this section for expenses incurred by and for the benefit of such spouse. Nothing in this subsection shall affect the duty of a parent to support his or her minor child.

§ 46b-38a. Family violence prevention and response: Definitions

    For the purposes of sections 46b-38a to 46b-38f, inclusive:

    (1) "Family violence" means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

    (2) "Family or household member" means (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subparagraph (C) presently residing together or who have resided together; and (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time.

    (3) "Family violence crime" means a crime as defined in section 53a-24 which, in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

    (4) "Institutions and services" means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families.

§ 46b-38b. Investigation of family violence crime by peace officer. Arrest, when. Assistance to victim. Guidelines. Education and training program

    (a) Whenever a peace officer determines upon speedy information that a family violence crime, as defined in subdivision (3) of section 46b-38a, has been committed within his jurisdiction, he shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship of the parties or (3) be based solely on a request by the victim.

    (b) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention by any party. Where complaints are received from two or more opposing parties, the officer shall evaluate each complaint separately to determine whether he should seek a warrant for an arrest.

    (c) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for an arrest based on probable cause.

    (d) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include but not be limited to: (1) Assisting the victim to obtain medical treatment if such is required; (2) notifying the victim of the right to file an affidavit or warrant for arrest; and (3) informing the victim of services available and referring the victim to the Commission on Victim Services. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance included in subdivisions (1) to (3), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until in the reasonable judgment of the officer the likelihood of further imminent violence has been eliminated.

    (e) On or before October 1, 1986, each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include but not be limited to: (1) Procedures for the conduct of a criminal investigation; (2) procedures for arrest and for victim assistance by peace officers; (3) education as to what constitutes speedy information in a family violence incident; (4) procedures with respect to the provision of services to victims; and (5) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. Such procedures shall be duly promulgated by said law enforcement agency.

   
    (f) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Such training shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources and include training for peace officers at both recruit and in-service levels; (2) include: (A) The nature, extent and causes of family violence; (B) legal rights of and remedies available to victims of family violence and persons accused of family violence; (C) services and facilities available to victims and batterers; (D) legal duties imposed on police officers to make arrests and to offer protection and assistance; (E) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote safety of the victim.

(1986, P.A. 86-337, § 2; 1987, P.A. 87-554; 1987, P.A. 87-567, § 2, eff. July 1, 1987; 1987, P.A. 87-589, § 13, eff. July 9, 1987; 1995, P.A. 95-108, § 15.) (1996, P.A. 96-246, § 32.)

§ 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Pretrial family violence education program

    (a) There shall be family violence response and intervention units in the Connecticut judicial system to respond to cases involving family violence. The units shall be coordinated and governed by formal agreement between the chief state's attorney and the judicial department.

    (b) The Family Relations Division of the Superior Court, in accordance with the agreement between the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. The Family Relations Division shall oversee direct operations of the local units.

    (c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out said services, and (5) establish centralized reporting procedures. All information provided to a family relations officer in a local family violence intervention unit shall be for the sole purpose of preparation of the report for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

    (d) In all cases of family violence, a written or oral report and recommendation of the local intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the superior court may consider and impose the following conditions to protect the parties, including but not limited to: (1) Issuance of a protective order pursuant to subsection (e); such order shall be an order of the court, and the clerk of the court shall cause (A) a certified copy of such order to be sent to the victim, and (B) a certified copy of such order to be sent within forty-eight hours of its issuance to the appropriate law enforcement agency; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment.
   
    (e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim; or (3) entering the family dwelling or the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-110b, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release." The Department of Public Safety, in cooperation with the Office of the Chief Court Administrator, shall establish a twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system.

    (f) In cases referred to the local family violence intervention unit, it shall be the function of the unit to (1) identify victim service needs and, by contract with victim service providers, make available appropriate services and (2) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders.

    (g) There shall be a pretrial family violence education program for persons who are charged with family violence crimes. The court may, in its discretion, invoke such program on motion of the defendant when it finds: (1) That the defendant has not previously been convicted of a family violence crime which occurred on or after October 1, 1986; (2) the defendant has not had a previous case assigned to the family violence education program; (3) the defendant has not previously invoked or accepted accelerated rehabilitation under section 54-56e for a family violence crime which occurred on or after October 1, 1986; and (4) that the defendant is not charged with a class A, class B or class C felony, or an unclassified felony carrying a term of imprisonment of more than ten years, or unless good cause is shown, a class D felony or an unclassified offense carrying a term of imprisonment of more than five years. Participation by any person in the accelerated pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not prohibit eligibility of such person for the pretrial family violence education program under this section. The court may require that the defendant answer such questions under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury as will assist the court in making these findings. The court, on such motion, may refer the defendant to the family violence intervention unit, and may continue his case pending the submission of the report of the unit to the court. The court shall also give notice to the victim or victims that the defendant has requested assignment to the family violence education program, and, where possible, give the victim or victims opportunity to be heard. Any defendant who accepts placement in the family violence education program shall agree to the tolling of any statute of limitations with respect to the crime or crimes with which he is charged, and to a waiver of his right to a speedy trial. Any such defendant shall appear in court and shall be released to the custody of the family violence intervention unit for such period, not exceeding two years, and under such conditions as the court shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. If the defendant satisfactorily completes the family violence education program and complies with the conditions imposed for the period set by the court, he may apply for dismissal of the charges against him and the court, on finding satisfactory compliance, shall dismiss such charges. Upon dismissal all records of such charges shall be erased pursuant to section 54-142a.

   
    (h) A fee of two hundred dollars shall be paid to the court by any person who enters the family violence education program, except that no person shall be excluded from such program for inability to pay the fee, provided (1) the person files with the court an affidavit of indigency or inability to pay and (2) the court enters a finding thereof. All such fees shall be credited to the general fund.

    (i) The Judicial Department shall establish an ongoing training program for judges, Family Division personnel, bail commissioners and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g, including but not limited to, the function of the family violence intervention units and the use of restraining and protective orders.

(1986, P.A. 86-337, § 3; 1987, P.A. 87-567, § 3, eff. July 1, 1987; 1989, P.A. 89-219, § 1, eff. July 1, 1989; 1991, P.A. 91-6, § 2, eff. Feb. 21, 1991; 1991, P.A. 91-24, § 3, eff. Oct. 1, 1991; 1991, P.A. 91-381, § 4, eff. Oct. 1, 1991; 1993, P.A. 93-280, § 2; 1993, P.A. 93-343.) (1996, P.A. 96-180, § 125, eff. June 3, 1996; 1996, P.A. 96-246, §§ 33, 34.)

§ 46b-69b. Parenting education programs. Required

    (a) The family division of the judicial department shall establish a parenting education program for parties involved in any action before the superior court under section 46b-1, except actions brought under section 46b-15 and chapter 815t. For purposes of this section, a "parenting education program" means a course designed by the judicial department to educate persons on the impact on children of the restructuring of families. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting.

    (b) The court shall order any party to an action specified in subsection (a) of this section to participate in such program whenever a minor child is involved in such action unless (1) the parties agree, subject to the approval of the court, not to participate in such program, (2) the court, on motion, determines that participation is not deemed necessary or (3) the parties select and participate in a comparable parenting education program. No party shall be required to participate in such program more than once. A party shall be deemed to have satisfactorily completed such program upon certification by the service provider of the program.

    (c) The family division shall, by contract with service providers, make available the parenting education program and shall certify to the court the results of each party's participation in the program.

    (d) Any person who is ordered to participate in a parenting education program shall pay directly to the service provider a participation fee, except that no person may be excluded from such program for inability to pay such fee. Any contract entered into between the family division and the service provider pursuant to subsection (c) of this section shall include a fee schedule and provisions requiring service providers to allow persons who are indigent or unable to pay to participate in such program and shall provide that all costs of such program shall be covered by the revenue generated from participants' fees. The total cost for such program shall not exceed two hundred dollars per person. Such amount shall be indexed annually to reflect the rate of inflation. The program shall not exceed a total of ten hours.
   
    (e) Any service provider under contract with the family division pursuant to this section shall provide safety and security for participants in the program, including victims of family violence.

(1993, P.A. 93-319, § 1; 1994, May 25 Sp.Sess., P.A. 94-1, § 99, eff. July 1, 1994.)