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Section 46b-56f – Emergency ex parte order of custody

May 15, 2021 | Connecticut, Family Law

(a) Any person seeking custody of a minor child pursuant to section 46b-56 or pursuant to an action brought under section 46b-40 may make an application to the Superior Court for an emergency ex parte order of custody when such person believes an immediate and present risk of physical danger or psychological harm to the child exists.
(b) The application shall be accompanied by an affidavit made under oath which includes a statement (1) of the conditions requiring an emergency ex parte order, (2) that an emergency ex parte order is in the best interests of the child, and (3) of the actions taken by the applicant or any other person to inform the respondent of the request or, if no such actions to inform the respondent were taken, the reasons why the court should consider such application on an ex parte basis absent such actions.
(c) The court shall order a hearing on any application made pursuant to this section. If, prior to or after such hearing, the court finds that an immediate and present risk of physical danger or psychological harm to the child exists, the court may, in its discretion, issue an emergency order for the protection of the child and may inform the Department of Children and Families of relevant information in the affidavit for investigation purposes. The emergency order may provide temporary child custody or visitation rights and may enjoin the respondent from:

(1) Removing the child from the state;
(2) interfering with the applicant’s custody of the child;
(3) interfering with the child’s educational program; or
(4) taking any other specific action if the court determines that prohibiting such action is in the best interests of the child. If relief on the application is ordered ex parte, the court shall schedule a hearing not later than fourteen days after the date of such ex parte order. If a postponement of a hearing on the application is requested by either party and granted, no ex parte order shall be granted or continued except upon agreement of the parties or by order of the court for good cause shown.
(d) The applicant shall cause notice of the hearing and a copy of the application, the applicant’s affidavit, and the ex parte order, if issued, to be served on the respondent not less than five days before the hearing on the application.

Conn. Gen. Stat. ยง 46b-56f

( P.A. 13-194, S. 4; P.A. 14-207, S. 9.)

Amended by P.A. 14-0207, S. 9 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Subsec. (b) does not require the court to hear from respondent before granting the application for emergency ex parte order of custody and issuing appropriate ex parte orders; Subsec. (c) provides that a hearing must be scheduled no later than fourteen days after the ex parte emergency order is issued, it does not provide that the hearing must be scheduled and completed within that time period. 177 CA 578.