Bersani v. Bersani

565 A.2d 1368 (Conn. 1989)

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Nature of the Case

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Facts

On October 3, 1988, the W instituted an action against H for dissolution of marriage. On November 11, 1988, the court awarded custody pendente lite of the parties' two minor children to W and specific visitation rights pendente lite to H. On March 7, 1989, under an agreement of the parties, approved by the court, W was required to give H thirty days written notice of her intent to leave the country. After a hearing on May 9, 1989, the court denied a motion filed by W in which she sought a court order permitting her to return to Spain with the children pending the final hearing in the dissolution action. H learned that the plaintiff had moved out of the house that she was occupying with the children. H sought information concerning the whereabouts of W and the children from the W's attorney. W's attorney acknowledges that she possesses the requested information, but she has declined to disclose it on the ground that to do so would violate her obligation to maintain confidential information imparted to her by a client. H sought an order to compel the W's attorney to reveal the information claiming that the attorney-client privilege must yield to assure that a judicial determination is made and enforced respecting the best interests of the children. The court found the Win wilful contempt, ordered her to return to Connecticut and awarded temporary custody of the two children to H. The court ordered, inter alia, that custody of the minor children was to be with H.