Sec. 46b-115s. Information required by the court.
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.