130 Conn. App. 626
Conn. App. Ct.2011Background
- Parents are Henry J. Martocchio (father) and Stephanie A. Savoir (mother) of a minor child diagnosed with autism spectrum disorder.
- In July 2008, the court granted Martocchio sole custody and grandfather visitation every other weekend, with mother visitation during those times or at a facility; mother/grandparents not to interfere with Martocchio’s chosen physician, medication, or education.
- In July 2009, grandparents moved for contempt alleging Martocchio blocked visitation; a hearing followed.
- Abery-Wetstone, J. found Martocchio violated the court orders by denying visitation and held him in contempt, also ordering a psychological evaluation before filing further motions.
- Martocchio contended the contempt finding and the psychological-evaluation order were improper; the appellate court affirmed, reviewing for abuse of discretion and the sufficiency of the underlying order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martocchio’s conduct violated a clear court order | Martocchio argues no clear order was violated or no willful disobedience occurred. | Grandparents contend he clearly denied visitation in violation of the order. | Yes; contempt affirmed; clear order violated with no credible justification. |
| Whether the psychological-evaluation order was within the court's power | Martocchio asserts the court lacked authority to compel a psychological evaluation. | Grandparents contend evaluation was necessary to enforce the contempt judgment. | Yes; order within inherent power to enforce compliance with prior judgment. |
Key Cases Cited
- Johnson v. Johnson, 111 Conn.App. 413 (Conn. App. 2008) (civil contempt powers; court may order evaluation to enforce judgment)
- Gil v. Gil, 94 Conn.App. 306 (Conn. App. 2006) (inherent power to impose civil contempt penalties)
- Traylor v. State, 128 Conn.App. 182 (Conn. App. 2011) (adequate briefing required; pro se litigants subject to rules)