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What is the Difference between a Motion to Vacate Order versus a Restraining Order?

  • Posted by Alexander Nesson
  • On September 9, 2024
In a Restraining Order or what is also called a 209A Abuse Prevention Order there is a burden that there is a substantial likelihood of immediate danger or abuse with part of the definition being that the defendant has caused or attempted to cause physical harm, committed a sexual assault, or placed the plaintiff in […]
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In Massachusetts, what is the Difference Between Ordering a Spouse to Vacate the Marital Home Versus Sole Use and Occupancy of the Martial Home?

  • Posted by Alexander Nesson
  • On September 2, 2024
The idea behind the Motion to Vacate is there are some clear steps that the parent needs to take and a burden that needs to occur. Exclusive use and occupancy are something that happens often when one of the parties has already moved out.  There is also less stigma with the exclusive use and occupancy […]
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What are the Defenses of a Contempt Case?

  • Posted by Alexander Nesson
  • On August 5, 2024
Beyond arguing that the court Order is not clear and unequivocal or that the other side has just not met its burden, there are a couple of defenses.  A common one is an inability to follow the court Order.  For example, if someone is ordered to pay alimony and loses their job and is not […]
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In Massachusetts in a Contempt Matter in Probate Court, what is the Burden of Proof?

  • Posted by Alexander Nesson
  • On July 22, 2024
The Burden of Proof is in civil contempt it is called “Clear and Convincing Evidence.” The Order must be clear and unequivocal. The Order itself cannot be ambiguous and that means there might be a disagreement about what that Order means.  The Order also cannot have the gaps or omissions that might be problematic to […]
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What is “Contempt” in Probate Court?

  • Posted by Alexander Nesson
  • On July 8, 2024
A Complaint for Contempt looks at non-compliance with any clear and unequivocal court order.  This includes both final Judgments and Temporary Orders.  They are not criminal contempt but the purpose behind it is to have the Defendant comply with a court Order and to provide a solution to the Plaintiff for that violation. Simple examples […]
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When Does Child Support End in Massachusetts?

  • Posted by Alexander Nesson
  • On July 1, 2024
Sometimes it is very clear when child support ends and other times it is not, but you do need to go to court or have the court change the child support order. There can be reasons why you would ask for this to occur if the child stops living with a parent who receives child […]
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In Massachusetts if a Guardian Ad Litem (GAL) is Appointed and Makes Recommendations Regarding Custody and Parenting Plans for the Children, Does the Court have to Follow the Guardian Ad Litem’s Recommendations?

  • Posted by Alexander Nesson
  • On June 17, 2024
The answer is no. The Guardian Ad Litem report can be, and many times is a deciding factor for the court in terms of how the court would want to determine their decisions given the Guardian Ad Litem is generally an expert in custody and parenting time cases and as a neutral person, they do […]
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In Massachusetts Does the Law Favor Mothers over Fathers in Custody Cases?

  • Posted by Alexander Nesson
  • On June 3, 2024
The law is clear that there is no preferential treatment for a mother in a Massachusetts custody case. Both parents have equal custody and visitation rights. The practicality used to be that there was a significant favor to mothers over fathers even if it was not under the law.  Particularly, with some of the older […]
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If we Have a Written Agreement but One Side and the Other Side have Reached a Verbal Agreement, is that Enforceable?

  • Posted by Alexander Nesson
  • On May 20, 2024
Usually, it is not. In Massachusetts, if there is an agreement approved by the court, they will not consider legally enforceable side deals that the parents make regarding child custody or parenting time. The courts though factor in what the parties have been doing but it would not necessarily be a legally binding contract if […]
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