SC20832 - Hepburn v. Brill ("This appeal requires us to consider
the jurisdictional effects of the 2012 amendments to
the third-party visitation statute, General Statutes § 46b-59 (b); see Public Acts 2012, No. 12-137, § 1; on the
judicial gloss articulated in Roth v. Weston, 259 Conn.
202, 234–35, 789 A.2d 431 (2002), which imposed ‘‘high
jurisdictional hurdles’’ that individuals petitioning for
third-party visitation with a minor child must overcome.
The plaintiff, Laurie Hepburn, appeals from the judgment of the trial court dismissing her amended verified
petition for third-party visitation (amended petition)
with her niece, L, who is the biological child of the
defendant, Chandler Brill. On appeal, the plaintiff contends that the trial court improperly treated the defendant’s motion to dismiss as presenting a question of
subject matter jurisdiction rather than the court’s statutory authority to act pursuant to § 46b-59. The plaintiff
also contends that the trial court incorrectly determined
that the amended petition failed to include the specific
and good faith allegations necessary to demonstrate
that (1) she had a parent-like relationship with L, and
(2) L would suffer real and significant harm if visitation
were to be denied. We agree with the plaintiff and conclude that, given the Superior Court’s plenary jurisdiction over family relations matters under General
Statutes § 46b-1; see, e.g., Sousa v. Sousa, 322 Conn.
757, 776–77, 143 A.3d 578 (2016); and the 2012 amendments to § 46b-59 (b), the trial court incorrectly determined that it lacked subject matter jurisdiction under
Roth. We also conclude that the amended petition
alleges facts sufficient to warrant an evidentiary hearing
under § 46b-59. Accordingly, we reverse the trial court’s
judgment dismissing the plaintiff’s amended petition.")