Legal Question in Family Law in Massachusetts

Re: moving the kids from the house

There is no issue of abandonment by taking your kids to your parents for the weekend. People who are not getting divorced do this all the time.

The removal of the spouse from the home is another issue. If you are going through mediation, then I would suggest you deal with it in that forum.

Once you seek to get him out of the home, it could adversely effect your mediation. I would suggest you talk to the mediator about the issues causing the stress for both you and more imptly your children.

If I can be of assistance in the future please do not hesitate to contact me.

Re: moving the kids from the house

You can take the kids, just for the weekend.

C. 209A applies only if there is violence or a threat of violence. In addition, a credible mediator will decline most cases in which a restraining order has become necessary. Even if the R.O. has been vacated by the time of mediation, the past threat of violence looms over the process, and adds the question of coercion.

You are not an unfit mother for taking a few days away. If Husband is telling you that you would be, he is giving poor legal advice. However, the stress you describe leads me to suggest that you remain where the kids are.