Legal Question in Family Law in Massachusetts

My ex-husband and I went to court in March and had a temporary order for visitation established. I asked for a review to be scheduled but instead the matter was assigned for pre-trial. The order stated that we were supposed to meet a week before the court date and file a written memorandum 3 days before the court date. It also stated that sanctions could be imposed if we failed to comply with the order or failed to appear at the court date. There was also a statement that said if no one appeared and there was a temporary order in effect, the court may issue a judgement containing the terms of the temporary order. As neither of us was represented by counsel, we're confused as to what we have to do. My ex-husband wants the temporary order for visitation to remain in effect and I'm sure that the court will go along with him. We don't want to spend a day in court for no reason, but we also don't want to do anything wrong. Are we correct in thinking that it would be alright to not attend the hearing and that the temporary order would just be made permanent?


Asked on 8/23/10, 9:39 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

You are prepared to have the terms of your divorce or modification determined by a judge because you don't want to show up? Nothing good comes from failing to show up at a court date. Unless there is something unfair or unworkable about your agreement, the court should endorse. If the two of you are in agreement, you should simply show up. You may also want the assistance of counsel, as you seem overwhelmed with court rules and procedures.

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Answered on 8/30/10, 7:30 am
Matthew Callis

I agree with the above opinion. Even if your ex husband and yourself want the order to be sustained you should show up to court and tell the judge that. Remember, the Judge has the power to change the temporary order. Without anyone to instruct the judge as to your wishes, the judge will do as she feels is best. I strongly urge you to go to court.

Retaining council would also be a good idea if you are confused with the process.

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Answered on 8/30/10, 10:17 am


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