The Massachusetts Appeals Court recently issued a decision in a divorce case called Jankovich v. Jankovich. It was a Rule 1:28 decision, which is primarily directed to the parties and, therefore, may not fully address the facts of the case or the appellate panel's...
Child-Related Issues
“Parental Privilege” Recognized As An Affirmative Defense In Child Spanking Case
In a decision handed down on June 25, 2015, the Massachusetts Supreme Judicial Court recognized a "parental privilege" to use reasonable physical force to discipline a minor child as an affirmative defense in a criminal action. (See Com. v. Dorvil, 472 Mass. 1...
Comic Demonstrates Child-Centric Approach to Divorce
Louis C.K., one of my favorite standup comics, and the star of the FX series, "Louie," has a serious side. It stems in part from his experience as a divorced dad of two young girls and the effective co-parenting relationship that he has with their mother. In a recent...
Proposed Bill Prohibits Sex in Marital Home
A Massachusetts state senator has filed a bill that could prohibit a divorcing parent from having sex in his or her own home. The bill states: "In divorce, separate, or 209A proceedings involving children and a marital home, the party remaining in the home shall not...
Child Traveling Abroad with One Parent
Often we are asked by separated or divorced parents, who are vacationing with their children overseas under the terms of their temporary orders or final judgments, whether a parental consent form or permission letter signed by the non-traveling parent is required....
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