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In Massachusetts What is the Standard on a Contempt Case in Probate Court?

Posted by Alexander Nesson
On June 21, 2021

The standard of proof in a civil contempt action is clear and convincing evidence that a clear and unequivocal order was disobeyed. Therefore, there must be a clear and unequivocal command in the order, and an equally clear and undoubted disobedience by the defendant. Additionally, the Plaintiff initiating the Complaint for Contempt must show the […]

Posted by Alexander Nesson
On June 17, 2021

You would want to speak to an attorney or at least the clerk’s office. If there is what is called a “care and protection” case with DCF involved or a CRA case, you would be filing a particular form called a “Petition for Grandparent Visitation” in Juvenile Court and most other circumstances if you were […]

Posted by Alexander Nesson
On June 14, 2021

You have to show that you have the necessary facts to show that you are aware that the other party is either in the military as defined under the Servicemembers Civil Relief Act or that they are not in the military. If you are unsure whether that is the case or not, you can put […]

Posted by Alexander Nesson
On June 10, 2021

Usually, it is in Probate Court but there can be circumstances where you would file the Complaint for Paternity and Order for Support in Juvenile Court. You should speak to an attorney or at least the clerk’s office before deciding which court to file that in.

Posted by Alexander Nesson
On June 7, 2021

An Informal Assistance after a preliminary hearing can be ordered for the 90 days and then the child and parent can agree to an extension for an additional 90 days. There is a form that the court uses for that.

Posted by Alexander Nesson
On June 3, 2021

The conference provides an opportunity for you and your child, the probation officer, a representative from your child’s school, clinicians, Department of Children and Families (DCF), (if involved with your family), and other identified people to provide the court with information regarding the best way to help your child. Everyone named above will receive notice […]

Posted by Alexander Nesson
On June 3, 2021

If the court decides to schedule a fact-finding hearing, the person who filed the CRA application will be responsible for presenting enough evidence for the judge to find beyond a reasonable doubt that the child requires assistance. At the end of the fact-finding hearing, the judge will either: Dismiss the case if the evidence presented doesn’t prove beyond […]

Posted by Alexander Nesson
On May 31, 2021

The court may decide that the best way to help your child is to order informal assistance with a probation officer. You and your child must agree to informal assistance. The probation officer may refer your child to a public or private organization or a person for psychiatric, psychological, educational, occupational, medical, dental or social […]

Posted by Alexander Nesson
On May 27, 2021

A CRA is a child requiring assistance. It used to be called a CHINS case. At the preliminary hearing there can be a decision that the case be dismissed for a lack of probable cause that the court refer the child and parent with their agreement to the probation department for what is called an […]

Posted by Alexander Nesson
On May 24, 2021

If there is an emergency you can file a Motion for Emergency Orders; including on a Complaint for Modification if there is not an active case going on. If it is not an emergency you can file a Motion for Temporary Orders; which does take some time to get into place. It is important to […]

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In Massachusetts What is the Standard on a Contempt Case in Probate Court?

In Massachusetts When Would you File a Petition for Grandparent Visitation in Juvenile Court versus Probate and Family Court?

In Massachusetts Many Courts including Probate and Family Court and Juvenile there are circumstances Where a Military Affidavit Form has to be Used.

In Massachusetts Can you File in Juvenile Court a Complaint to Establish Paternity for an Order of Support?

In Massachusetts Can you Extend Informal Assistance in a CRA?

In a CRA What Happens if the Case Makes its Way to a Conference in Disposition Hearing?

In Massachusetts for CRA’s, what is a Fact-Finding Hearing?

In a CRA What is Informal Assistance?

In Massachusetts What is the Process at the Preliminary Hearing for a CRA?

What if the Other Parent Will Not let Me See my Child Because of COVID-19 or are having Disputes about Social Distancing?