Tilsen v. Benson, ___ Conn. ___ (2023) (ketubah & prenuptial agreement; U.S. Const. 1st Amendment)   Officially released September 5, 2023   In Short: (1) A prenuptial agreement that directs the court to enter financial orders based on religious doctrine, rather than expressing the intended financial orders itself, will not be enforced for violation of the establishment clause of the first amendment.  (Those seeking to compel a “get” based on a ketubah may be out of luck in future in Connecticut and would be better served by a secular prenup).  (2) The trial court was w ..read more

Pencheva-Hasse v. Hasse, 221 Conn. App. 113 (2023) (dissipation of assets did not result in consequences, underreporting of earnings did not result in earning capacity assignment)   Officially released August 15, 2023   In Short: Minimal appellate precedential value.  Husband was found to have dissipated assets but was awarded the lion’s share of the marital estate, and was found to have underreported his income but was not assigned an earning capacity nor ordered to pay any alimony.  Husband appealed and lost.   The parties were married in 2009 and had one child.  ..read more

Buchenholz. v. Buchenholz. 221 Conn. App. 132 (2023) (“cause for the breakdown” does not equal “intolerable cruelty”; the trial court has discretion regarding alimony)   Officially released August 15, 2023   In Short: (1) a creative (but not particularly compelling) argument to construe testimony and findings about the cause for the breakdown of the marriage as modification of the complaint to “intolerable cruelty” and an ambush violating due process was unsuccessful on appeal; and (2) the trial court is not bound by half the length of the marriage for alimony awards and has substant ..read more

Anderson-Harris v. Harris ___ Conn. App. ___ (2023) (incomplete evaluations at time of trial; no right to articulation)   Officially released August 22, 2023   In Short: This case is a disaster of mental health, repetitive ex parte applications and unsubstantiated repeated allegations of sexual abuse and obsession therewith to the detriment of the children.  Its precedential value, if any, is that (1) a trial court may cancel evaluations rather than completing them before trial when circumstances call for such, and (2) there is no right to an articulation when the memorandum of ..read more

Ochoa v. Behling, ___ Conn. App. ___ (2023) (Appellate Court declines to review issue not raised before trial court)   Officially released August 8, 2023   In Short (and all you need to know): Father failed to raise the issue of the trial court’s authority to award a tax exemption to an intervening third party at any time prior to appeal and so the Appellate Court declined to review his claim pursuant to Practice Book § 60-5.   Father appealed the trial court’s order permitting the intervening maternal grandmother, who has sole legal and physical custody of the child, to continu ..read more

Netter v. Netter, 202 Conn. App. 491 (2023) (mootness; contempt)   In Short: this case contains (1) a review of the “capable of repetition, yet evading review” doctrine pertaining to mootness on appeal and (2) a failed attempt to find ambiguity and excuses where none existed as to contempt.   Husband appealed the trial court’s decision on two pendente lite motions filed by Wife.  Husband appealed the trial court’s decision (1) permitting Wife to return to the marital residence to retrieve personal property and (2) holding him in contempt for violation of the pendente lite paren ..read more

Netter v. Netter, 202 Conn. App. 491 (2023) (mootness; contempt)   In Short: this case contains (1) a review of the “capable of repetition, yet evading review” doctrine pertaining to mootness on appeal and (2) a failed attempt to find ambiguity and excuses where none existed as to contempt.   Husband appealed the trial court’s decision on two pendente lite motions filed by Wife.  Husband appealed the trial court’s decision (1) permitting Wife to return to the marital residence to retrieve personal property and (2) holding him in contempt for violation of the pendente lite parent ..read more

A.D. V. L.D. ___ Conn. App. ___ (2023) (constitutional issues & abuse of discretion & custody modification)   Officially released June 27, 2023   In Short: The trial court’s suspension of Father’s access and criteria for filing a future motion to modify did not violate his federal constitutional rights to family integrity and did not constitute abuse of discretion.  The preponderance of the evidence standard is the appropriate evidentiary standard for medication of custody and did not violate Father’s right to due process.   The parties were married in 1999 and had ..read more

Prioleau v. Agosta, ___ Conn. App. ___ (2023) (reargument; custody & abuse of discretion)   Officially released July 4, 2023   In Short: This case is a modest primer on reargument based on overlooked facts.   The parties were never married and had one child.  They had informally exercised joint legal custody and a shared parenting plan in which Mother had the child every Monday to Friday and Father every Friday after school to Monday morning.  Covid interrupted the schedule and resulted in an alternating weeks schedule.  A comprehensive custody evaluation was ..read more

R.H. v. M.S., ___ Conn. App. ___ (2023) (§46b-15 & stalking; §46b-15 & children)   Officially released June 27, 2023   In Short: The trial court must have some evidence connecting the violative behavior to the children in order to extend protection under CGS § 46b-15 to the children; the definition of stalking is broader than statute and includes common usage and the absence of a benign explanation for the respondent being present over a period of time at the applicant’s residence was sufficient in this instance.   The parties were married, had children, and divorced.&nb ..read more