Child-Related Issues: November 2015 Archives

Appeals Court Articulates Standard For Barring Contact Between Children And Third Parties In Divorce Cases

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 decisional rationale. Rule 1:28 decisions are not circulated to the entire Appeals Court, and, therefore, represent only the views of the panel that decided the case. Also, such a decision may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. Still, this particular case addresses the issue of children's access to third parties, which we as family lawyers often encounter in contested divorce cases.

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