Legal Question in Family Law in Massachusetts

i have a question i have a restraing order on my x husband the order covers my 3 children that i have with him .. my question is can i take them to visit my mother in canada with out his consent


Asked on 7/17/10, 1:53 pm

1 Answer from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Whether or not you can take you children to Canada depends on what your divorce agreement specifically says with regards to removal of the children from the Commonwealth. Generally speaking, removing the children from the Commonwealth even if temporary in nature requires permission from the other parent. Obviously due to the restrainnig order you currently have communication even by third party is a violation of the order (assuming that your particular restraining order includes no contact). You should refer to your divorce agreement, or any court orders entered into after your divorce with regards to this matter. If the agreement is silent on the issue I recommend that you petition the courts for a removal of the children on a temporary basis.

If you are interested in a free consultation you can contact me at 617-523-3200 or via email at [email protected].

Thank you,

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Answered on 7/17/10, 5:09 pm


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