§ 46b-1 — (Formerly Sec. 51-330). Family relations matters and domestic violence defined.

Connecticut § 46b-1

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815: Court Proceedings in Family Relations Matters

Text

(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. See Sec. 45a-99 re concurrent jurisdiction of Probate Court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-41 re definition of “complaint”. See Sec. 46b-63 re jurisdiction of Superior Court to restore former spouse's birth name or former name following decree dissolving marriage. See Sec. 52-11 re jurisdiction of Superior Court concerning complaints for change of name.

Legislative History

(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; P.A. 22-37, S. 22.) 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; P.A. 22-37 made technical changes in Subsecs. (b)(2) and (b)(3). Cited. 185 C. 502; 234 C. 51; 247 C. 724. Cited. 5 CA 95; 8 CA 30; 17 CA 627; 41 CA 163. Subdiv. (17): Cannot be used as basis for granting jurisdiction to Superior Court on matters involving foreign civil unions because the text itself requires that children be involved, there is no rule of court that would define foreign civil unions as a family matter, the legislative history of section indicates that its intent was to provide for a court merger, and legislature, by enacting Secs. 45a-727b and 46a-81r, has expressly stated that state does not endorse or authorize civil unions or any other relationship between unmarried persons. 71 CA 372. Cited. 39 CS 66. Subdiv. (8): Does not confer parents, acting as grandparents, whose son's parental rights have been terminated, the authorization to bring a habeas corpus petition to seek custody of a grandchild. 47 CS 273. Superior Court does have jurisdiction to hear an appeal from a Probate Court change of name proceeding; when the question presented is whether name of a minor child should be changed, the court, in line with its universal duty to protect the interests of minors, must take into consideration whether the change of name will promote the child's best welfare. 48 CS 647.