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Family Law Appellate Court Opinion

by Booth, George

 

AC44784 - C. D. v. C. D. (Dissolution of marriage; "The defendant, C. D., appeals from the judgment of the trial court dissolving his marriage to the plaintiff, C. D. On appeal, the defendant claims that the court erred in (1) issuing an articulation that is inconsistent with the dissolution judgment and/or a prior articulation, (2) depriving him of notice and a meaningful opportunity to be heard with respect to the court's consideration of its pretrial observations of the parties, (3) making clearly erroneous factual findings regarding an incident between the parties, (4) entering custody orders limiting his visitation with the parties' minor children without an evidentiary basis, (5) delegating its judicial authority to nonjudicial entities by authorizing the children's therapeutic counselors to determine whether to provide him with access to the children's private therapy records, and (6) entering a child support award that deviated from the child support guidelines, as set forth in ยง 46b-215a-1 et seq. of the Regulations of Connecticut State Agencies (guidelines), without first determining the presumptive support amount pursuant to the guidelines. We conclude that the court committed error only in delegating its judicial authority to nonjudicial entities regarding the children's private therapy records and in entering the child support award. We further conclude that the child support award is severable from the court's other financial orders, although our reversal of the child support award will require the court on remand to reconsider all of the child support orders. Accordingly, we reverse the judgment of the trial court only as to (1) the order delegating the court's judicial authority to nonjudicial entities regarding the children's private therapy records and (2) the child support orders, and we affirm the judgment in all other respects.")