Automatic Orders upon Service

Connecticut Practice Book

Rule: 25-5

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 25-5

of Complaint or Application (Amended June 28, 1999, to take effect Jan. 1, 2000.) The following automatic orders shall apply to both parties, with service of the automatic orders to be made with service of process of a complaint for dissolution of marriage or civil union, legal separation, or annulment, or of an application for custody or visitation. An automatic order shall not apply if there is a prior, contradictory order of a judicial authority. The automatic orders shall be effective with regard to the plaintiff or the applicant upon the signing of the complaint or the appli- cation and with regard to the defendant or the respondent upon service and shall remain in place during the pendency of the action, unless termi- nated, modified, or amended by further order of a judicial authority upon motion of either of the parties: (a) In all cases involving a child or children, whether or not the parties are married or in a civil union: (1) Neither party shall permanently remove the minor child or children from the state of Connecti- cut, without written consent of the other or order of a judicial authority. (2) A party vacating the family residence shall notify the other party or the other party’s attorney, in writing, within forty-eight hours of such move, of an address where the relocated party can receive communication. This provision shall not apply if and to the extent there is a prior, contradictory order of a judicial authority. (3) If the parents of minor children live apart during this proceeding, they shall assist their chil- dren in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing. This provision shall not apply if and to the extent there is a prior, contradictory order of a judicial authority. (4) Neither party shall cause the children of the marriage or the civil union to be removed from any medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect. (5) The parties shall participate in the parenting education program within sixty days of the return day or within sixty days from the filing of the appli- cation. (6) These orders do not change or replace any existing court orders, including criminal protective and civil restraining orders. (b) In all cases involving a marriage or civil union, whether or not there are children: (1) Neither party shall sell, transfer, exchange, assign, remove, or in any way dispose of, without the consent of the other party in writing, or an order of a judicial authority, any property, except in the usual course of business or for customary and usual household expenses or for reasonable attorney’s fees in connection with this action. (A) Nothing in subsection (b) (1) shall be con- strued to preclude a party from purchasing or sell- ing securities, in the usual course of the parties’ investment decisions, whether held in an individ- ual or jointly held investment account, provided that the purchase or sale is: (i) intended to pre- serve the estate of the parties, (ii) transacted either on an open and public market or at an arm’s length on a private market, and (iii) completed in such manner that the purchased securities or sales proceeds resulting from a sale remain, sub- ject to the provisions and exceptions recited in subsection (b) (1), in the account in which the securities or cash were maintained immediately prior to the transaction. Nothing contained in this subsection shall be construed to apply to a party’s purchase or sale on a private market of an interest in an entity that conducts a business in which the party is or intends to become an active participant. 302 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN FAMILY MATTERS

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