Emergency Custody Hearings and denial of parenting time in Connecticut.
What can be done for parents who are separated from their children?
The statutory language set forth in Conn. Gen. Stat. 46b-56f is the applicable standard for “emergency ex parte order of temporary custody,” identified as a Priority 1 Business Function under these circumstances. I presume that any withholding of parental access and visitation which causes physical danger or psychological harm to the minor child falls under the language of the statute. This assures attorneys and parents that true emergency circumstances related to the withholding of parental access may be addressed through the current resources provided by the Family Court. This is a rapidly rising concern for lawyers and anxious parents.
Here is the response from the Family Court:
“The courts have received and acted upon, and will continue to receive and act upon, as Priority #1 matters all applications for emergency orders of custody pursuant to CGS 46b-56f, including the scheduling of hearings in cases where ex parte relief is granted. That includes applications alleging such harm based on withholding of parental access. The determination of whether the withholding of access in a given case creates “an immediate and present risk of physical danger or psychological harm to the child,” and if so what relief should be granted, rests within the sound discretion of the judge reviewing each particular application.”
In other words, very fact dependent. These motions will be determined on a case by case basis.
Reach out to me discuss your best course of action.
Connecticut Emergency Custody Hearings
In my opinion, courts will eventually grant more latitude with Emergency Custody Hearings during the COVID-19 Coronavirus. When a parent is unilaterally prevented from seeing his or her child, then a judge must begin to address this pressing issue. This is especially true when there are already orders in place regarding parenting time and visitation.
I represent clients in divorce and all Family Court matters matters through out Fairfield and New Haven County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning an Emergency Custody Hearing in Connecticut amid the COVID-19 Coronavirus.