Legal Question in Family Law in Massachusetts

My boyfriend has a daughter with an ex-girlfriend. She constantly takes him to court for ridiculous reasons and files false claims against him which end up suspending his visitation rights. Once they are before a judge, her claims are basically laughed at and her motions are 9 times out of 10 DENIED. This time, my boyfriend recieved a notice to respond to a request for custody modification. There were no details and NO court date. The letter said to respond to this letter within 20 days. My boyfriend called the court and spoke to a clerk who looked up his file and told him that NO NEW motions had been filed and he did not have a court date. He went to pick up his daughter this weekend and there was a notice on the door from his ex that was a ruling from a judge that he failed to show up for a court date and that his visitation is suspended until the next hearing which is a MONTH away. He never recieved notification of the court date and was told that he did NOT have a court date. What can he do to stop her from doing this kind of thing over and over?


Asked on 2/16/10, 12:44 pm

2 Answers from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

As far as your first problem, the current court order now in place due to the fact that he did not show up to the hearing, he would need to address that by filing a motion for reconsideration.

Also, if in fact the court agrees that the Mother is filing frivolous complaints the Father can request that all future complaints the Mother wants to file have to be approved by the court prior to filing and serving the summons to the Father.

I suggest you consult with an attorney to deal with the current situation and court orders. If you would like a free consultation, you can contact me at 617-523-3200 or via email.

Thank you,

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Answered on 2/21/10, 12:56 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Go to the Court and check to see if service was made, and if there is a judgment you need to file a motion to vacate the judgment. Call me with any questions.

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Answered on 2/22/10, 9:25 am


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