Conn. Prob. Ct. R. P. 42A

As amended through April 25, 2023

Rule 42A - Children's Matters: Overlapping Jurisdiction in Probate Court and Superior Court-Family Division

Section 42A.1 Duty to notify courts

Upon becoming aware of existing orders or pending matters concerning the same minor in both the Probate Court and the Superior Court-Family Division, a party shall immediately notify, in writing, each court in which a matter is pending.

(Probate Court Rules, rule 19.)

Section 42A.2 Guardianship or termination of parental rights matter in Probate Court

Except as provided in section 42A.4, the Probate Court may hear and decide any of the petitions set forth below concerning a minor notwithstanding an existing order or pending matter in the Superior Court-Family Division concerning the same minor:

(1) removal of a guardian;

(2) appointment of a guardian, coguardian or permanent guardian; or

(3) termination of parental rights.

Section 42A.3 Visitation matter in Probate Court

(a) Except as provided in subsections (b) and (c) and in section 42A.4, the Probate Court may hear and decide a petition under C.G.S. section 45a-612 for visitation of a minor notwithstanding an existing order or pending matter in the Superior Court-Family Division concerning the same minor.

(b) The Probate Court shall dismiss a person's petition for visitation if a pending visitation matter in the Superior Court:

(1) concerns an existing Superior Court order for visitation by the same person;

(2) was commenced under C.G.S. section 46b-59; or

(3) was commenced by a person who lacks standing to seek visitation in the Probate Court.

(c) The Probate Court shall not issue an order concerning visitation that conflicts with a Superior Court order for visitation by the same person.

Section 42A.4 When Probate Court may defer action

The Probate Court may defer action on a petition for removal of a guardian, appointment of a guardian, coguardian or permanent guardian, or termination of parental rights concerning a minor if the Probate Court determines that:

(1) a pending petition in the Superior Court-Family Division concerning the same minor seeks relief not available in the Probate Court;

(2) pending petitions in the Probate Court and the Superior Court seek conflicting relief concerning the same minor;

(3) the Superior Court has relevant information or evidence at its disposal not readily available to the Probate Court; or

(4) the petition in the Probate Court is frivolous or was filed for the purpose of forum shopping or delaying another proceeding.

Section 42A.5 Communication between Probate Court and Superior Court-Family Division

(a) On notification of existing orders or pending matters concerning a minor in both the Probate Court and the Superior CourtFamily Division, the judges of the two courts may communicate to determine how each court will proceed. Except as provided in subsection (b), the courts shall arrange for an audio recording or stenographic record. Subject to the law governing confidentiality of the matter in the Probate Court, the courts may allow the parties to participate in the communication and, on payment of applicable charges, to obtain a copy of the audio recording or transcript of the communication.

(b) The courts may communicate on scheduling, calendars, court records and other administrative issues without making a record and without informing the parties of the communication.

(C.G.S. section 45a-754.)

Conn. Prob. Ct. R. P. 42A

Rule 42A adopted effective1/1/2020.