Conn. Practice Book § 35a-18 (2026)

Sec. 35a-18. Opening Default Any order or decree entered through a default may be set aside within four months succeeding the date of such entry of the order or decree upon the written motion of any party or person preju- diced thereby, showing reasonable cause, or that a defense in whole or in part existed at the time of the rendition of such order or of such decree, and that the party so defaulted was prevented by mistake, accident or other reasonable cause from prosecuting or appearing to make the same, except that no such order or decree shall be set aside if a final decree of adoption regarding the child or youth has been issued prior to the filing of any such motion. Such written motion shall be verified by the oath of the complainant and shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the party failed to appear. The judicial author- ity shall order reasonable notice of the pendency of such motion to be given to all parties to the action and also, in the case of a motion to set aside a judgment terminating parental rights, to any person who has legal custody of the child or youth or who has physical custody of the child or youth pursuant to an agreement, including an 375 agreement with the Department of Children and Families or a licensed child-placing agency. The judicial authority may enjoin enforcement of such order or decree until the decision upon such writ- ten motion, unless said action shall prejudice or place the child’s or youth’s health, safety or wel- fare in jeopardy. The initial hearing on said motion shall be held as a priority matter but no later than fifteen days after the same has been filed with the clerk, unless otherwise agreed to by the par- ties and sanctioned by the judicial authority. All hearings on motions to set aside a judgment termi- nating parental rights shall be conducted in accordance with the provisions of General Stat- utes § 45a-719. In the event that any motion is granted, the matter shall be scheduled for an immediate pretrial or case status conference within fourteen days thereof, and failing a resolu- tion at that time, then the matter shall be sched- uled for a trial as expeditiously as pos- sible. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 35a-19. Transfer from Probate Court of Petitions for Removal of Parent as Guardian or Termination of Parental Rights (a) When a contested application for removal of parent as guardian or petition for termination of parental rights or application to commit a child or youth to a hospital for the mentally ill has been transferred from the Probate Court to the Superior Court, the Superior Court clerk shall transmit to the Probate Court from which the transfer was made a copy of any orders or decrees thereafter rendered, including orders regarding reinstate- ment pursuant to General Statutes § 45a-611 and visitation pursuant to General Statutes § 45a-612, and a copy of any appeal of a Superior Court decision in the matter. (b) The date of receipt by the Superior Court of a transferred petition shall be the filing date for determining initial hearing dates in the Superior Court. The date of receipt by the Superior Court of any Probate Court issued ex parte order of temporary custody not heard by that court shall be the issuance date in the Superior Court. (c) Any appearance filed for any party in the Probate Court shall continue in the Superior Court for juvenile matters unless (1) a motion to with- draw is filed in the Probate Court within five days of the filing of the motion to transfer, and the motion to withdraw is granted by the Probate Court, (2) a motion to withdraw is filed by such party’s counsel and granted by the Superior Court for juvenile matters, or (3) another counsel files © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS