Legal Question in Family Law in Massachusetts

court or not

My ex just informed me that due to the holiday I am unable to see our children any day this week. I usually get 1 day with the children during the week and now I get nothing. When is it appropriate to take her to court to make sure she stick to the divorce agreement?


Asked on 11/20/07, 1:15 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: court or not

It depends on the language of the court judgment. If you believe that her actions violate the court order, then you need to file a complaint for contempt.

If you have questions, contact me.

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Answered on 11/20/07, 1:21 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: court or not

It is always appropriate to enforce your visitation rights, providing that they are, indeed, your visitation rights. I would have to see your divorce judgment (separation agreement) to review this further.

Visitation games are entirely disapproved by the courts.

It is usually best to have more than one instance of refusal to honor the visitation order, or one major instance (e.g., refusal to grant Christmas visitation).

Please feel free to contact me for a no-obligation consultation. My website contains my sliding scale rates. However, it might be best that you locate an attorney covering your county.

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Answered on 11/20/07, 1:32 pm

Re: court or not

Enforce your visitation rights, or establish a pattern of verbal modification by the custodial parent without your consent. Unless the curt ord4ers permits visits to be cancelled without consent, you have every right to enforce visitation. Visitation is a right of both the parent and the child.

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Answered on 11/20/07, 2:04 pm


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