De Almeida-Kennedy v. Kennedy

Citations

• 207 Conn. App. 244

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court granting the plaintiff's motion to dismiss the defendant's pending motions, which included a motion for modification of his alimony, child support and visitation orders, two motions for contempt, a motion for an order to prevent the plaintiff from filing additional motions without leave of the court pursuant to Strobel v. Strobel (92 Conn. App. 662), a motion to remove the guardian ad litem, and a motion to compel compli- ance with his discovery request, all for lack of subject matter jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (§ 46b-155 et seq.). Prior to the filing of the motion to dismiss, the defendant relocated to Florida and the plaintiff and the parties' children relocated to Tennessee. The defendant returned to Connecticut after approximately one year in Florida. While the plaintiff's motion to dismiss was pending, the defendant filed an application for an emergency ex parte order of custody, and the trial court entered an emergency order awarding temporary custody to the defendant and also ordered a hearing on the custody issue. At the conclusion of the hearing, the trial court ordered that all existing orders regarding the custody of the parties' minor children be stayed until the plaintiff's motion to dismiss was resolved. Following a hearing on the motion to dismiss, for which the plaintiff submitted an affidavit in support of her arguments, as she was unable to attend in person, the trial court dismissed the defendant's motions for a Strobel order, to remove the guardian ad litem, and to compel, and one of his motions for contempt. The defendant appealed to this court and then filed a motion to reargue with the trial court. The trial court stayed consideration of the defendant's motion for modifica- tion of his alimony, child support and visitation orders, which remained pend