Cases Listed by Subject:
Child Custody - Removal
Rosenwasser v. Rosenwasser, 89 Mass. App. Ct. 577 (2016): The Appeals Court concluded that a Probate and Family Court judge abused her discretion in entering a modification judgment of divorce denying the request of the father, who was the primary custodial parent, to remove the parties' minor child to a different state, where the judge placed disproportionate emphasis on the effect of the move on the mother's relationship with the child, while failing to adequately weigh the interests of the father and the child; further, the court concluded that, although it was a close question, remand for redetermination of the best interests of the child, rather than reversal, was warranted.
Yannas v. Frondistou-Yannas, 39 Mass. 704 (1985) Discussion of the criteria by which a judge determines how the best interests of minor children of divorced parents will be protected in deciding under G. L. c. 208, Section 30, whether to allow the parent having physical custody of the children to remove them from the commonwealth.
A judge in a divorce proceeding, having awarded physical custody of the parties' two minor children to the mother, was warranted in determining under G. L. c. 208, Section 30, that the wife's removal of the children from the Commonwealth to Greece would be in the best interests of the children, by his findings that the move to Greece would benefit the custodial parent, financially, emotionally, and socially; that the children would benefit from that advantage and from the strengthening of family and cultural ties in Greece; that excellent schooling would be available to them; and that reasonable alternative arragements for visitation with their father would be arranged.
The record in a divorce proceeding provided no factual premise for the husband's contention that, because the parties' two minor children did not want to leave the United States, the wife's removal of the children to Greece would violate their constitutional rights.