Dickinson v. Dickinson, 143 Conn. App. 184

Dissolution of marriage between plaintiff and defendant in 2004; shared legal custody with plaintiff having primary physical custody.
May 2, 2012 order granted defendant additional Tuesday overnight visitation and gave plaintiff decision-making authority on various child issues after attempting agreement; defendant's time was to be considered with his parenting time.
Plaintiff filed postjudgment contempt motions on July 5 and July 18, 2012 alleging defendant’s noncompliance with May 2, 2012 orders.
Motions were certified to counsel but not clearly served on defendant, who appeared pro se.
At an August 8, 2012 hearing, the court heard only argument; no sworn testimony or competent evidence was presented; the court found contempt.
Appellate decision reversed, vacating August 8, 2012 orders and remanding for an evidentiary contempt hearing due to lack of competent evidence; noted discrepancy about guardian ad litem and role of counsel in the record

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether contempt was properly found based on competent evidence	Dickinson sought to enforce orders; noncompliance shown by evidence of actions	No competent evidence presented; unsworn representations insufficient	Contempt reversed; lack of evidence; remand for evidentiary hearing

Parlato v. Parlato, 134 Conn. App. 848 (2012) (civil contempt requires evidence of noncompliance with a court order)
Gravius v. Klein, 123 Conn. App. 743 (2010) (trial court findings reviewed for clear error; abuse if unsupported by evidence)
Parisi v. Parisi, 140 Conn. App. 81 (2013) (burden on movant to prove order and noncompliance by preponderance)
Edmond v. Foisey, 111 Conn. App. 760 (2008) (due process concerns when no proper hearing on contempt)
Lynn v. Lynn, 130 Conn. App. 319 (2011) (civil contempt requires sworn evidence; cannot rely on counsel’s unsworn representations)
Kelly v. Kelly, 54 Conn. App. 50 (1999) (counsel representations insufficient; need competent evidence in court)