227 Conn.App. 827
Conn. App. Ct.2024Background
- The plaintiff, Ammar I., sought third-party visitation with three minor children from whom his parental rights were terminated in 2019.
- In 2021, the children were adopted by the defendant, Evelyn W., after removal of Ammar I.'s parental rights.
- Evelyn W. and the children relocated to North Carolina in October 2021.
- Ammar I. filed a petition for visitation in Connecticut in November 2022, after the family had lived in North Carolina for over a year.
- The Connecticut trial court dismissed the petition for lack of subject matter jurisdiction; Ammar I. appealed this decision.
- A separate claim was raised relating to whether the accidental failure of suit statute (§ 52-592) applied; the trial court found it did not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) | Connecticut retained jurisdiction as a concurrent jurisdiction state under UCCJEA. | Connecticut is not the home state; North Carolina is proper. | No subject matter jurisdiction; North Carolina is the home state. |
| Application of accidental failure of suit statute (§ 52-592) | § 52-592 allows refiling after previous dismissal for improper service. | No statute of limitations applicable; not barred by limitations. | § 52-592 does not apply; it only tolls applicable statutes of limitation. |
Key Cases Cited
- In re Omar I., 197 Conn. App. 499 (Connecticut App. Ct.) (termination of Ammar I.'s parental rights and underlying facts regarding prior custody litigation)
- In re Iliana M., 134 Conn. App. 382 (Connecticut App. Ct.) (purpose and application of the UCCJEA in Connecticut)
- Sousa v. Sousa, 322 Conn. 757 (Connecticut Supreme Court) (standard of review and jurisdiction principles under UCCJEA)
- Bocchino v. Nationwide Mut. Fire Ins. Co., 246 Conn. 378 (Connecticut Supreme Court) (limited application of § 52-592 to actions barred by statutes of limitation)
- Peabody N.E., Inc. v. Dept. of Transportation, 250 Conn. 105 (Connecticut Supreme Court) (context for when § 52-592 may toll statutes of limitations)