Legal Question in Family Law in Massachusetts

Children Taken

I have been separated for the past 6 years, and finally filed for divorce. Due to her never having had a stable residence, my ex-spouse and I entered into an agreement for the children's sake, which was provided to the court as part of such divorce. Amongst the issued documents the court issued as part of the divorce, was a ''restraning order'' preventing either of us from communicating with eachother, other than for matters pertaining to the divorce or the children's welfare, and also prevented either of us, from removing the children from the state or more than 50 miles from eachother, until such divorce was finalized and settled. My ex-spouse has now removed our children out of state. She had notified me of her intentions to move to somewhere in Texas, on Aug. 13. I advised her to wait for the court's decision and finalization of the divorce. She agreed, but within 48 hours she was gone. I was and have not been made aware of the children's where-abouts, nor if they have a stable residence. What can I do to find my children in order to excersice my visitation rights once again and make sure they are in a stable home? Any assistance you may be able to provide, will be truly appreciated. Thank you.


Asked on 7/14/03, 5:18 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Children Taken

Sounds like she is in contempt.

You must do something immediately. If you wait too long, Texas will claim jurisdiction, despite all the laws in place.

How do you pay child support?

Directly to her or wage assignment?

Mass Child Support Guidelines are based on traditional custody and visitation arrangements.

Her moving to Texas means that the application of the CSG would be unlawful.

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Answered on 7/14/03, 6:34 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Children Taken

Go to Court tomorrow and file an emergency motion for contempt, and ask for an emergency motion to change custody due to her violation of the agreement; you may be also be able to call the police department and file a complaint against her. You must do these right away. The longer you wait, the less likely you are to be taken seriously!!!!

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Answered on 7/14/03, 6:49 pm


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