The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Family Law Appellate Court Opinions

by Roy, Christopher

 

AC43276 - Mecartney v. Mecartney ("The plaintiff, David L. Mecartney, appeals from the orders of the trial court entered following a hearing on the amended postjudgment motion for contempt filed by the defendant, Caroline L. Mecartney, related to the plaintiff's failure to maintain adequate life insurance. Specifically, the plaintiff argues that the trial court (1) erred in concluding that the insurance premium cost limitation of $3500 per year was eliminated when the court amended the required amount of insurance in 2008, (2) erred in issuing an 'injunction' without a finding of irreparable injury or lack of an adequate remedy at law, and (3) exceeded its equitable authority to fashion orders to protect the integrity of its earlier judgment. We agree with the trial court that the insurance cost limitation was eliminated when the total amount of required insurance was amended, and we conclude that because the plaintiff now has adequate insurance in place, his second and third claims are moot. Accordingly, we affirm the orders of the trial court.")

AC43743 - Swanson v. Perez-Swanson ("The defendant, Marianella Perez-Swanson, appeals from the judgment of the trial court dismissing her postjudgment motion to modify custody of the parties' children on the ground that it lacked jurisdiction to enter further orders regarding the custody and visitation of the children under General Statutes ยง 46b-115l (a) (2) because the children had resided with the plaintiff, Ronald Swanson, in North Carolina for at least six consecutive months. Specifically, the defendant claims on appeal that the trial court erred by concluding that it no longer had jurisdiction to enter further orders because the court failed to consider two of the three statutory requirements: namely, whether the defendant maintains a significant relationship with the children and whether substantial evidence concerning the children was available in Connecticut. We agree and reverse the judgment of the trial court.")