Legal Articles, General Practice
Where Meaning of Term in Separation Agreement is Ambiguous, Trial Court Decides on Definition
In a post-judgment divorce action, the Supreme Court of Connecticut upheld a lower court’s interpretation of “cohabitation” as used in a separation agreement. The court found that the trial court, which found the meaning of the term to be ambiguous, was not clearly erroneous in the definition it applied in determining whether the condition allowing for alimony termination had been met.
[WATCH] "Beach Use Restrictions in Newport Beach" by Newport Beach Real Estate Attorneys
Newport Beach includes more than eight miles of beaches. While these beaches are open to the public, there are time and usage restrictions in place, which are codified in Chapter 11.04 of the Newport Beach Municipal Code.
No Contempt for Inability to Pay Alimony When Significant Change in Financial Circumstances
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport did not find a husband in willful contempt when he could not make alimony payments and granted his request for modification due to a significant change in circumstances.
Court May Award Custody to Third Party Over Biological Parent When in Child’s Best Interest
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield, Juvenile Matters at Bridgeport granted sole guardianship of two minor children to their uncle after determining it would not be in their best interests to award custody to either biological parent.
Appellate Court Upholds Transfer of Guardianship of Minor Child to Grandparents
In a case regarding the transfer of guardianship, the Appellate Court of Connecticut considered a Department of Children and Families (Department) petition seeking to transfer guardianship of a minor child to his paternal grandparents (grandparents), over the objection of his father. The Department had a previous history of involvement with this child over the course of approximately three years, commencing with a referral from medical professionals noting unexplained fractures to the child’s arm.
Lack of Fair Disclosure Invalidates Prenuptial Agreement
In a divorce action regarding fair disclosure, the Appellate Court of Connecticut reversed a trial court decision that validated a prenuptial agreement, despite the fact that one party failed in his duty to fairly and reasonably disclose his income prior to signing the agreement.
Relocation of a Minor Child OK, Father Failed To Supply Adequate Record for Court To Review
In a divorce action regarding the relocation of a minor, the Appellate Court of Connecticut upheld a lower court’s ruling allowing a mother’s relocation with her minor child to Virginia. Because the father failed to provide articulable facts in support of an additional claim, the court declined to review it.
Joint Legal Custody Means No International Removal of Minor Children Without Written Consent
In a divorce action, the Superior Court of Connecticut, Judicial District of Fairfield, Middlesex Regional Family Trial Docket at Middletown awarded joint legal custody of the minor children and found the father in contempt of previously issued court orders. It further prohibited the parties from removing the children from the country without the written agreement of both parents, after one threatened to do so.
Child Was Neglected, So Return to Mother Was Not in the Child’s Best Interests
In a child custody action involving a neglected child, the Appellate Court of Connecticut upheld a trial court’s determination that it was not in the best interests of a minor child to place him in the custody of his mother, who suffered from anger management issues, faced a criminal charge of risk of injury to her other minor child, and had unresolved mental health and substance abuse issues.
Termination of Parental Rights Upon Finding of Inability to Provide Stable Home For Children
In a child custody action regarding the termination of parental rights, the Appellate Court of Connecticut concluded that a trial court did not abuse its discretion when it terminated a mother’s parental rights to her two minor children was in their best interests.