Section 46b-1 – (Formerly Sec. 51-330). Family relations matters defined

May 15, 2021 | Connecticut, Family Law

Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving:

(1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-47;
(2) legal separation;
(3) annulment of marriage;
(4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment;
(5) actions brought under section 46b-15;
(6) complaints for change of name;
(7) civil support obligations;
(8) habeas corpus and other proceedings to determine the custody and visitation of children;
(9) habeas corpus brought by or on behalf of any mentally ill person except a person charged with a criminal offense;
(10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523;
(11) juvenile matters as provided in section 46b-121;
(12) all rights and remedies provided for in chapter 815j;
(13) the establishing of paternity;
(14) appeals from probate concerning:

(A) Adoption or termination of parental rights;
(B) appointment and removal of guardians;
(C) custody of a minor child;
(D) appointment and removal of conservators;
(E) orders for custody of any child; and
(F) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute;
(15) actions related to prenuptial and separation agreements and to matrimonial and civil union decrees of a foreign jurisdiction;
(16) dissolution, legal separation or annulment of a civil union performed in a foreign jurisdiction;
(17) custody proceedings brought under the provisions of chapter 815p; and
(18) all such other matters within the jurisdiction of the Superior Court concerning children or family relations as may be determined by the judges of said court.

Conn. Gen. Stat. ยง 46b-1

(1959, P.A. 531, S. 3; 1967, P.A. 183, S. 3; P.A. 73-373, S. 36; P.A. 76-436, S. 89, 681; P.A. 77-336, S. 2; 77-452, S. 15, 72; 77-576, S. 37, 65; P.A. 78-318, S. 26; 78-379, S. 13, 27; P.A. 86-337, S. 9; P.A. 03-19, S. 101; P.A. 12-133, S. 32; P.A. 13-194, S. 1.)

Cited. 185 C. 502; 234 C. 51; 247 C. 724. Cited. 5 CA 95; 8 CA 30; 17 CA 627; 41 CA 163. Subdiv. (17): Cannot be used as basis for granting jurisdiction to Superior Court on matters involving foreign civil unions because the text itself requires that children be involved, there is no rule of court that would define foreign civil unions as a family matter, the legislative history of section indicates that its intent was to provide for a court merger, and legislature, by enacting Secs. 45a-727b and 46a-81r, has expressly stated that state does not endorse or authorize civil unions or any other relationship between unmarried persons. 71 CA 372. Cited. 39 CS 66. Subdiv. (8): Does not confer parents, acting as grandparents, whose son’s parental rights have been terminated, the authorization to bring a habeas corpus petition to seek custody of a grandchild. 47 CS 273. Superior Court does have jurisdiction to hear an appeal from a Probate Court change of name proceeding; when the question presented is whether name of a minor child should be changed, the court, in line with its universal duty to protect the interests of minors, must take into consideration whether the change of name will promote the child’s best welfare. 48 CS 647.

See Sec. 45a-99 re concurrent jurisdiction of Probate Court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-41 re definition of “complaint”. See Sec. 46b-63 re jurisdiction of Superior Court to restore former spouse’s birth name or former name following decree dissolving marriage. See Sec. 52-11 re jurisdiction of Superior Court concerning complaints for change of name.