Sec. 46b-115aa. Expedited enforcement of child custody determination.
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.