In the recent unpublished Memorandum and Order Pursuant to Rule 1:28, Manning v. Manning, the Massachusetts Appeals Court overturned a custody judgment from the Probate and Family Court awarding a couple shared legal and physical custody of their two children due to...
Child Custody
Is a Court Required to Consider Past Abuse in a Child Custody Modification Action?
Recently in Malachi M. v. Quintina Q., the SJC held that: [P]ursuant to G.L. c. 208, § 31A, the judge at a modification proceeding must consider evidence of both past and present abuse, including evidence of domestic abuse that occurred prior to the entry of the...
Lesson in Co-parenting from the Presidential Debate
A final question to the candidates during a recent presidential debate reminded me of a topic that often comes up in the context of co-parenting work in high-conflict cases, interviews by custody evaluators, questioning at depositions in custody disputes, documents...
Parental Kidnapping
We live in an increasingly mobile society, and many parents today are raising their children in a different city, state or country from where one or both of the parties grew up. When a marriage breaks down and divorce is imminent, there is sometimes concern that the...
Prenuptial Agreements
Flowers are blooming, temperatures are rising --- Spring is in the air. Wedding season is upon us - save the date postcards were mailed in January and June wedding dates are just around the corner. Just when you think all the wedding planning is almost complete, one...
A ‘Well-Heeled’ Divorcee and Mandatory Self-Disclosure
Beth Shak, a famous World Series of Poker player and aficionado of expensive, designer shoes, who has been featured on MTV Cribs and Millionaire Matchmaker, is in the news again, and she gives us food for thought regarding Mandatory Self-Disclosure and Financial...
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