156 Conn.App. 224
Conn. App. Ct.2015Background
- Child born 2004 to Stephanie Savoir and Henry Martocchio; parents never married. Father learned of paternity in 2006; paternity action followed.
- Maternal grandparents, Ronald and Tina Savoir, obtained temporary custody/guardianship in Probate Court in 2006 and later sought visitation and custody in Superior Court.
- Judge Shluger (Jan 31, 2008 and July 28, 2008) awarded Henry sole custody and granted the grandparents visitation, finding a parent-like relationship.
- After Stephanie’s parental rights were terminated (Oct 2011), disputes continued; grandparents filed contempt for alleged denial of visitation (Jan 2013).
- Judge Abery-Wetstone (May 17, 2013) held grandparents’ visitation contingent on satisfying Roth v. Weston standards; Martocchio appealed on standing. This court later reversed in Martocchio v. Savoir, 153 Conn. App. 492, remanding to reassess standing.
- Grandparents withdrew their contempt motion while this appeal was pending and stated they would refile a new petition evaluated under Roth; no active controversy remained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of grandparents to seek visitation under Roth v. Weston | Martocchio: grandparents lacked standing after mother’s parental rights terminated; their rights expired | Grandparents: prior judgment found parent-like relationship and satisfied Roth; they could seek visitation | Moot — court previously resolved standing issue in Martocchio v. Savoir and remanded; no active controversy here |
| Validity of Judge Shluger’s clarification of 2008 judgment | Martocchio: clarification substantially altered underlying judgment and violated his rights | Grandparents: clarification merely affirmed findings of parent-like relationship and harm to child if access denied | Moot — no relief available because contempt withdrawn and grandparents would need to refile and be re-evaluated under Roth |
| Alleged violations of federal statutes (ADA, Rehabilitation Act) and due process | Martocchio: asserted violations giving federal-question jurisdiction and justiciability | Grandparents: such claims name nonparties and do not create a justiciable controversy between the parties here | Not justiciable in this forum; allegations do not create an actual controversy between parties here |
| Whether appellate court can grant practical relief | Martocchio: seeks reversal and relief to protect parental rights and visitation orders | Grandparents: withdrew contempt; any future relief requires new petition and standing adjudication | No practical relief available now; appeal is dismissed as moot |
Key Cases Cited
- Roth v. Weston, 259 Conn. 202 (recognition of standing standards for third-party grandparent visitation)
- Martocchio v. Savoir, 153 Conn. App. 492 (remand: trial court should reassess grandparents’ standing under Roth)
- Wyatt Energy, Inc. v. Motiva Enterprises, LLC, 308 Conn. 719 (mootness and justiciability require an actual controversy throughout appeal)
- Burbank v. Board of Education, 299 Conn. 833 (an appeal must present a continuing actual controversy to be justiciable)
- Edgewood Village, Inc. v. Housing Authority of New Haven, 54 Conn. App. 164 (appellate relief is unavailable when no active controversy exists)