S. C. v. J. C.

Citations

• 227 Conn. App. 326

Syllabus

The plaintiff, whose marriage to the defendant previously had been dis- solved, appealed to this court from the trial court's judgment granting certain postdissolution motions filed by the defendant. Held: 1. The record was inadequate to review the plaintiff's claim that the trial court erred in granting the defendant's motion to continue an emergency order of temporary custody regarding the parties' minor children, E and A; the trial court's order failed to include the factual or legal bases for its decision as required by the rule of practice (§ 64-1 (a)) and the plaintiff failed to file a notice pursuant to Practice Book § 64-1 (b) with the Office of the Appellate Clerk indicating that the trial court had failed to comply with § 64-1. 2. The plaintiff's claim challenging the dispositional portion of the order granting temporary custody of E and A to the defendant was moot because the defendant no longer had custody over the children; while the plaintiff's appeal was pending, E had reached the age of majority and the trial court had granted a motion filed by A's attorney seeking an order awarding the plaintiff sole legal custody and primary physical custody of A; accordingly, this court dismissed that portion of the appeal for lack of subject matter jurisdiction. 3. The trial court abused its discretion in granting the defendant's motion for contempt in connection with the plaintiff's failure to comply with a court order requiring the plaintiff to transfer physical custody of A to the defendant: there was insufficient evidence to support the trial court's finding that the plaintiff had wilfully violated the court order, as neither party presented any evidence that the plaintiff refused to transfer cus- tody of A to the defendant, that she encouraged A not to go to the defendant, or that she wilfully prevented A from going to the defendant, and there was evidence that the plaintiff had attempted to facilitate the transfer of physical custody of A to the defendant a