Legal Question in Family Law in Massachusetts

Re: Forced Visitations (Answer Part 1)

First off, visitation rights do indeed exist as law, both statutory (see MGL c. 208 and MGL c. 209C, both of which have sections stating in substance that visitation is part of what must be determined by courts when parents are apart), and by creation of CASE LAW.

I don't know just what elected legislator doesn't know this. I strongly suspect that you are misinterpreting an elected legislator's statements, because such a legislator would have to be really misinformed to say that visitation isn't part of our law. Even what you are calling "forced" visitation, which really probably means that you as custodial parent have been ordered under threat of contempt of court to allow visitation to proceed as the Court has deemed appropriate.

Oh, and yes, our law has LONG understood that Court have the right to punish for contempt. This power is found as a combination of statutory and case law.

In short, you aren't likely to "change the law" unless you can get a whole batch of legislators to agree that what a court is ordering is wrong, and in no way in the best interest of the child. this is rare -- the last such change in Massachusetts was a law expressly stating that the parent convicted of murdering the other parent was not to have visitation of minor children.

I suspect that the situation concerning you is less extreme than that.

The PARTICULAR visitation afforded to an individual parent is not set by statute or case law, but the RIGHT to reasonable visitation in the best interest of the child IS.

CASE LAW is law determined by courts. In most instances in MODERN law, the law is interpreted from a statute. However, there is a massive body of CASE law running back to the English system of law. In fact, many, many crimes are still defined under this "Common Law." And yes, though the definition may not be a STATUTE, it most assuredly is the LAW.

Next, you may be unable or unwilling to comprehend that the judicial system exists to create "the law of the case." This is the particular judgment entered after facts are found, and rulings of applicable law applied. It is the law as determined by the FACT FINDER under the particular facts, in essence. In Massachusetts, as in most states, Probate and Family Court judges both determine the facts and then apply the law.

In visitation matters, as in most child-related matters, they are obligated to independently determine what is in the "best interest of the child." "Independently" can and IS read as "The judge should not agree with a parent just because he or she is strident. Parental anger is not a reason to refuse visitation. The child's interests are balanced with that of the parent seeking visitation. The Court is charged with a sometimes difficult decision, but it makes those decisions. Sometimes the visitation must be supervised.

Re: Forced Visitations (Answer Part 2)

In visitation matters, as in most child-related matters, they are obligated to independently determine what is in the "best interest of the child." "Independently" can and IS read as "The judge should not agree with a parent just because he or she is strident. Parental anger is not a reason to refuse visitation. The child's interests are balanced with that of the parent seeking visitation. The Court is charged with a sometimes difficult decision, but it makes those decisions. Sometimes the visitation must be supervised.

Sometimes the parent with custody is the one with the real issue. The custodial parent, though otherwise "fit" for custody, is so angry (with or without cause) that he or she demonizes the non-custodial parent. "Demonizing" is different from "giving fair warning about REAL issues, not "perceived" issues. In those cases, the custodial parent needs to deal with his or her issues, and stop seeking to alienate the child from the other parent. Otherwise, the custodial parent risks being found UNFIT, with custody to be moved to the other parent.

Those decisions are the "law of the case."

I don't know the particular facts of your case, nor what you personally PERCEIVE to be the facts. I -do- strongly suspect that the Court has considered the situation, and has made a decision you don't like. Unless you appeal it to the appellate court -- and timely -- you need to accept it and abide by it, because someone who s NOT emotionally involved has come to a conclusion, and has the power to enforce his or her orders and judgments.

Re: Forced Visitations (Answer Part 3)

Finally, your local state representative or state senator can submit a law that you draft. However, the proposed bill will almost certainly die in committee. There are ways to get initiative petitions on the ballot, but that also requires a lot of work, and many, many signatures, and I certainly do not know the particulars of it.

Re: Forced Visitations

I am glad that Greg understand you, but you are speaking in code.