Legal Question in Family Law in Massachusetts

Re: Perminent restraining order, Unsupervised visits

If you don't bring your daughter to the visits, the court could hold you in contempt. To change or challenge the custody, you will have to show the court that there is a substantial risk of dnager to the child; a guardian ad litem (GAL) should be appointed to conduct an impartial investigation for the court. I recommend that you have copies of any and all police reports involving him and the past abuse, as well as a copy of the restraining order file as a GAL will want to know the facts behind the restraining order and not just that one was issued on a permanent basis (Massachusetts generally gives those out like parking tickets, so you always want the GAL to have the facts behind the Restraining Order so that they do not discount it). If there is a risk of flight outside the Commonwealth, be sure that the court gets all of that information as well (does he still live there? vote there? have a driver's license from Florida? Have family there? Have employment there?). If there is a risk of danger to the child's development, be prepared to show that as well... does thie child need counseling now? is she doing poorly in school since visitation started? etc...

: Perminent restraining order, Unsupervised visits

You need to show the court that the visits pose a risk - this may be achieved by asking the court to appoint a guardian ad litem to investigate the issue of visits, and to suspend visits pending the outcome of the investigation.

Re: Perminent restraining order, Unsupervised visits

You would be in contempt of the Order requiring unsupervised vists. You can modify the Order if you can show that a material change in circumstances occurred since the Order was made or you can request that the judge reconsider his ruling by filing a Motion. If the judge ordered unsupervised visits less than 30 days ago, you can file an appeal of the judge's Order permitting unsupervised visits.

Re: Perminent restraining order, Unsupervised visits

It sounds to me that the Court has made its decision for now. If it is a final judgment, you can appeal. If it is a further temporary order -- a "trial run" -- you need to keep gathering information, and get a good lawyer to help you PRESENT that information when the time comes.

You should also calm yourself, at least a little, about any return to Florida. If he does this, it will be a crime, and you will have police forces throughout the nation taking a direct and urgent interest. In this day and age, with parental kidnapping laws (no matter how otherwise named) making matters a crime, and better coordination, it is difficult to succeed in a parental kidnapping.

If he REALLY wants to see his daughter, and REALLY loves her, he will take steps to make her feel safe, and he will NOT set himself up to spend time in jail. Though he abused you, and it is difficult for you to see any reason in him (much less good), you should consider the possibility that he is at least not IRRETRIEVABLY STUPID.