Sec. 46b-54. (Formerly Sec. 46-43). Counsel for minor children. Duties. - Connecticut Statutes

      Sec. 46b-54. (Formerly Sec. 46-43). Counsel for minor children. Duties. (a) The court may appoint counsel for any minor child or children of either or both parties at any time after the return day of a complaint under section 46b-45, if the court deems it to be in the best interests of the child or children. The court may appoint counsel on its own motion, or at the request of either of the parties or of the legal guardian of any child or at the request of any child who is of sufficient age and capable of making an intelligent request.

      (b) Counsel for the child or children may also be appointed on the motion of the court or on the request of any person enumerated in subsection (a) of this section in any case before the court when the court finds that the custody, care, education, visitation or support of a minor child is in actual controversy, provided the court may make any order regarding a matter in controversy prior to the appointment of counsel where it finds immediate action necessary in the best interests of any child.

      (c) Counsel for the child or children shall be heard on all matters pertaining to the interests of any child, including the custody, care, support, education and visitation of the child, so long as the court deems such representation to be in the best interests of the child.

      (P.A. 73-373, S. 16; P.A. 74-169, S. 9, 18; P.A. 75-530, S. 13, 35; P.A. 78-230, S. 28, 54.)

      History: P.A. 74-169 rephrased provision re appointment of counsel for children, deleting requirement that counsel be appointed "in any case where an agreement has been submitted with respect to such child or children as provided in subsection (a) of section 46-42"; P.A. 75-530 referred to return day of complaint rather than its date of filing and added general reference to hearing of counsel on all matters pertaining to "interests" of child or children; P.A. 78-230 divided section into Subsecs. and restated provisions; Sec. 46-43 transferred to Sec. 46b-54 in 1979 and reference to Sec. 46-36 revised to reflect its transfer.

      Annotations to former section 46-43:

      Cited. 174 C. 244.

      Cited. 7 CA 720.

      Counsel for minor child appointed where motion brought to change order for the child's custody. It's in child's best interest to appoint independent counsel where motion made to change custody order. 31 CS 340. Cited. 33 CS 100.

      Annotations to present section:

      Appointment of counsel for minor child is in discretion of court and court did not abuse discretion in failing to appoint counsel. 180 C. 533. Cited. 181 C. 622. Cited. 186 C. 311. Cited. 196 C. 260. Cited. 198 C. 138. Cited. 207 C. 725. Cited. 231 C. 928. Under certain limited circumstances minor children may appeal from trial court judgment concerning support obligations of the parents; judgment of appellate court reversed. 235 C. 82. Cited. 241 C. 767. Attorneys appointed by court pursuant to section are entitled to absolute, quasi-judicial immunity for actions taken during, or activities necessary to, performance of functions that are integral to the judicial process, and defendant attorney entitled to absolute immunity because complaint not grounded on any conduct by defendant in which she acted outside usual role of an attorney for minor children. 274 C. 533. Trial court may protect minor's interests in dissolution action solely through appointment of an attorney, rather than also requiring simultaneous appointment of a guardian ad litem or naming of a next friend. 276 C. 526.

      Cited. 8 CA 50. Cited. 11 CA 189. Cited. 18 CA 622. Cited. 23 CA 509. Cited. 35 CA 421; Id., 449. Cited. 37 CA 194. Cited. 40 CA 675. Appointment of attorney to represent a minor child rests within the sound discretion of court. 78 CA 493. Attorneys appointed pursuant to section are entitled to qualified quasi-judicial immunity, and such immunity is properly pleaded as a special defense and the issue raised by using either motion to strike or motion for summary judgment. 81 CA 382.

      Cited. 35 CS 237.

      Subsec. (a):

      Cited. 224 C. 776.

      Subsec. (b):

      Cited. 32 CA 152.

      Subsec. (c):

      Cited. 224 C. 776.

      Cited. 39 CA 162. Trial court did not err in permitting attorney for the minor child to assert psychologist-patient privilege as basis for an oral motion in limine re communications made by the child, where defendant failed to request appointment of a guardian ad litem for the child. 72 CA 193. Duties of guardian ad litem may subsume those traditionally performed by counsel when counsel is the child's sole representative. 76 CA 693.