Bersani v. Bersani
Supreme Court of Connecticut
565 A.2d 1368 (Conn. 1989)
Amparo Bersani (plaintiff) sought divorce from Michael Bersani (defendant) and had temporary custody of their children, subject to an agreement requiring 30 days' notice before leaving the country. After the court denied her request to relocate to Spain with the children, Amparo moved out with the children without telling Michael where they went. Her attorney refused to disclose their location, citing attorney-client privilege. The court found Amparo in willful contempt, ordered her back to Connecticut, awarded Michael temporary custody, and ultimately dissolved the marriage and awarded him custody. Michael moved to compel Amparo's attorney to reveal her and the children's whereabouts.
Whether attorney-client privilege applies to information a client gives her attorney while perpetrating a fraud on the court, particularly where the information bears on a child-custody determination.