The COVID-19 public health emergency has ground many activities to a halt, including the vast majority of matters at Probate and Family Courts across the Commonwealth of Massachusetts. Although the impact of court closures has been felt most strongly in the paucity of...
Custody
“Merged” Versus “Surviving” Provisions of a Separation Agreement
The vast majority of divorce cases are resolved not by trial, but by the parties agreeing upon and submitting a Separation Agreement to the Probate and Family Court for approval. One of the more confusing elements of a Separation Agreement for many clients is the...
Can the Judge Give “Decisive Weight” to a Child’s Preference?
Recently in Jouret v. Buteau, Docket-18-P-68 (Mass. App. Ct. April 11, 2019) (Memo and Order Pursuant to Rule 1:28), the Appeals Court of Massachusetts vacated those parts of a modification judgment that eliminated Father's parenting time and prohibited his contact...
Probate and Family Court Standing Order 1-17 Sets Rules for Parent Coordinators
A parent coordinator can be a blessing in high-conflict divorce or support cases involving parenting and custody of a child or children. Occasionally, parents, for one reason or another, are unable to communicate effectively about parenting time, extracurricular...
Does a Parent Have a Right to Counsel in Proceedings Where a Third Party Seeks to be Appointed as Guardian?
The Supreme Judicial Court recently ruled, in a much-anticipated decision, that a parent has a right to court-appointed counsel when a third party is petitioning for permanent guardianship over his or her child. The decision in the case, the Guardianship of V.V., is...
Children’s Passport Issuance Alert Program
Helping to prevent possible international parental child abductions is the U.S. Department of State's Children's Passport Issuance Alert Program (CPIAP). CPIAP provides a mechanism for a parent(s) and/or legal guardian(s) to be contacted and alerted when someone...
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...
Pre-Teen Parenting Plans
In a recent custody case we litigated in the Massachusetts Probate and Family Court, a case in which the parties' minor child is a smart, articulate, athletic and very talented 11-year-old boy, an excellent resource published by the Association of Family and...
Parental Alienation: Parents Behaving Badly or a Mental Disorder?
In what are usually highly contentious divorces or child custody disputes, the term "parental alienation" has been coined to describe what is a form of emotional abuse that occurs when one parent actively works to align their child with him/her to the exclusion of the...
Proposed Parenting Coordinator Bill Seeks To Codify an Increasingly Common Practice
Although a "final judgment of divorce" terminates a legal marriage between spouses, all too often, the parties will remain embroiled in litigation for years to come, particularly with respect to issues surrounding the care and custody of their minor children. Even the...
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