Blog

How does the Court Appoint a Parenting Coordinator in High Conflict Custody or Parenting Cases?

Posted by Alexander Nesson
On February 26, 2024

The appointment of a parenting coordinator is pursuant to an agreement by the parties. The court will approve this and incorporate it into an Order. There also can be a possibility of the court ordering it without the agreement of the parties. This is under General Laws, Chapters 208, 209, and 209c. A parenting coordinator […]

Posted by Alexander Nesson
On February 12, 2024

There is a lot of information in case law about Wallace, but it can be beneficial to juveniles; particularly juveniles that have no prior misdemeanor charges because it would depend significantly on whether the court would have jurisdiction. First, suppose the application for the Complaint alleges a single minor misdemeanor or multiple minor misdemeanors from […]

Posted by Alexander Nesson
On November 27, 2023

The court does not have jurisdiction for the so-called 1st offense. It is under the Ch. 69 oath for the acts 2018 and an act relative to the Criminal Justice Reform Act. There is an interesting case called “Wallace W” which is a SJC case in Massachusetts in 2019 which provides that a 1st offense […]

Posted by Alexander Nesson
On November 20, 2023

Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm. If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order. The vacate order […]

Posted by Alexander Nesson
On November 13, 2023

One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties. It also does not have a need to be renewed after ninety (90) days. The order for sole use and occupancy of the marital home is a little less clear in terms […]

Posted by Alexander Nesson
On November 6, 2023

There is a statue in Massachusetts called the Vacate Statute which is G.L. Ch. 208 Section 34b where a probate and family court judge can order a divorcing spouse to vacate the marital home for the need of the health, safety or welfare of the spouse that is looking to have the other party move […]

Posted by Alexander Nesson
On September 11, 2023

If there is shared physical custody of the child or even if the child spends a lot of time with the other parent, it does make it a more difficult burden to be able to move out of state. This would be best interest standard vs. the Yannas standard. So, it is not the real […]

Posted by Alexander Nesson
On September 4, 2023

The first thing that the judge would look at is what sort of formal custody order is in place. Do you have sole physical custody or not and if there has never been a formal custody order, the court would decide what the informal custody order is. Assuming you have sole physical custody of the […]

Posted by Alexander Nesson
On August 28, 2023

If there is not a current court order you in most cases be prudent to either get permission from the other parent or the court before you move to another state or leave the country with your child. You personally do not need to get permission for you to move out of the state, but […]

Posted by Alexander Nesson
On August 21, 2023

One of the biggest defenses on contempt cases is beyond the order being ambiguous or factual about whether the Defendant violated it or not it would be the inability to comply. It is clear in the statute that the Defendant has the burden, but he/she can show that he/she cannot comply with the pre-existing order. […]

Page 6 of 81«‹4 567 8 ›»

How does the Court Appoint a Parenting Coordinator in High Conflict Custody or Parenting Cases?

What is the Rule in Juvenile Court Regarding First Offenses Determinations According to the Commonwealth vs. Wallace?

In Juvenile Law, if a child is being charged with a Misdemeanor as a first offense which is a punishment as a fine or imprisonment for not more than 6 months.

What is the Major Difference between a Restraining Order or a 209A Order versus a Vacate Order of a Marital Home?

What is the Difference Between a Vacate Order for a Marital Home and Sole Use and Occupancy of a Marital Home?

What is the Standard to Having a Divorce Parent Vacate the Marital Home?

In Massachusetts How does a Judge Decide on Whether or Not to Let a Parent Leave the State?

In Massachusetts How does a Judge Decide on Whether or Not to Let a Parent Leave the State?

Can I leave Massachusetts with my Child?

What are Some of the Defenses on Contempt Cases?