Sec. 46b-115w. Registration of child custody determination.
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 20 days of receipt of request, effective July 1, 2000.