In a recent decision [Hoort v. Hoort, Mass. App. Ct., No. 12-P-1853, slip op (May 28, 2014)], the Massachusetts Appeals Court reversed a Probate and Family Court Judge's finding of civil contempt against a husband, when the husband was not found in contempt for the exact same issue in a prior contempt action brought by the wife only one year earlier.
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. Although the United States does not formally require this documentation, we recommend that the traveling parent obtain such a signed and notarized consent form from the non-traveling parent, and that the agreements we draft contain a provision that obligates the non-traveling parent to provide such a consent form upon request from the traveling parent.
Amendments to Supplemental Probate Court Rule 412, which currently provides the method by which a child support judgment may be modified by agreement, may soon be expanded to include a method by which parties to an action may seek to modify, by agreement, any judgment or temporary order of the Probate and Family Court. (That said, actions under M.G.L. 209A, which govern abuse prevention orders, are specifically excluded from the modification procedures outlined in Supplemental Probate Court Rule 412.)