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Bersani v. Bersani

Supreme Court of Connecticut
565 A.2d 1368 (Conn. 1989)


Facts

Amparo Bersani (plaintiff) filed a petition for divorce from her husband, Michael Bersani (defendant). Prior to a trial on the divorce petition, the trial court awarded temporary custody of the Bersanis’ two children to Amparo and visitation rights to Michael. Pursuant to an agreement between the Bersanis, Amparo was required to give Michael 30 days' written notice of her intent to leave the country. Later, Amparo filed a motion seeking an order allowing her to return to Spain with the children, pending a final hearing on the divorce petition. The trial court denied Amparo’s motion. Later, Michael learned that Amparo had moved out of her residence with the children and had not informed him where she was taking them. Amparo’s attorney declined to inform Michael of Amparo’s whereabouts, citing attorney-client privilege. Michael filed a motion to compel the attorney to reveal the information. The trial court stayed a decision on Michael’s motion and found Amparo in willful contempt of a court order, ordered Amparo to return to Connecticut, and awarded Michael temporary custody of the children. A week later, the trial court dissolved the marriage between the Bersanis and awarded custody of the children to Michael. Michael filed a motion to compel the attorney to reveal the whereabouts of Amparo and the children.

Rule of Law

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Issue

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Holding and Reasoning (Freedman, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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