134 Conn. App. 382
Conn. App. Ct.2012Background
- Respondents (father in AC 33719 and mother in AC 33721) challenge the trial court's jurisdiction and the denial of their joint motion to dismiss; the court denied the motion and proceeded with custody proceedings.
- Iliana M. was born February 14, 2011, in Worcester, Massachusetts, after the mother’s prior parental rights with respect to another child had been terminated.
- Massachusetts hospital staff alerted the Massachusetts DCF; CT Department of Children and Families sought and obtained an ex parte order of temporary custody, then removed Iliana to Connecticut foster care.
- The first dismissal (April 12, 2011) found Connecticut was the child’s home state; CT vacated the ex parte order and dismissed the neglect petition without prejudice.
- A second order of temporary custody was granted after a 96-hour hold; the trial court again held Connecticut was the home state, denied the second motion to dismiss, and ultimately committed Iliana to the commissioner’s custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CT had subject matter jurisdiction over Iliana under UCCJEA | Mother and father argued lack of CT subject matter jurisdiction under UCCJEA | Commissioner contends CT had jurisdiction under UCCJEA §46b-115k(a)(3) | CT had subject matter jurisdiction under UCCJEA §46b-115k(a)(3) |
| Whether CT was the proper forum to make the initial custody determination | Respondents claimed MA should determine initial custody due to birth there | CT had exclusive jurisdiction as home state under §46b-115k(a)(3) | CT could make the initial custody determination; MA was not the home state |
| Whether due process required a Massachusetts evidentiary hearing | Mother asserted due process right to MA hearing | No right to MA exclusive hearing; CT proceedings safeguarded due process | Due process satisfied; no Massachusetts hearing required |
Key Cases Cited
- In re Addie May Nesbitt, 124 Conn.App. 400 (2010) (motion to dismiss reviewed de novo for jurisdictional issues)
- Temlock v. Temlock, 95 Conn.App. 505 (2006) (subject matter jurisdiction; appellate review)
- Margulies v. Cassano, 52 Conn.App. 116 (2000) (UCCJEA jurisdiction framework; home state analysis)
- In re DeLeon J., 290 Conn. 371 (2009) (UCCJEA jurisdiction and home state principles)