Legal Question in Family Law in Massachusetts

This is a tricky situation because a judge could see it either way: If Dad doesn't show up on time, but only by a little bit, the visit is still expected to happen. This is especially true if there was a phone call prior to scheduled parenting time letting you know he would be late. If there is no phone call and Dad is very late, you could argue that it is unreasonable for you and your son to have to wait at home for the visit. However, keep in mind that not allowing a scheduled visitation could result in Dad filing a Complaint for Contempt. Even if he does not succeed, you will still have to defend against same.

If tardiness is something that happens consistently, you may want to consider filing a Complaint for Modification and asking the Court to add language regarding repercussions should Dad be late for his parenting time, or even modifying parenting time altogether.

Feel free to contact me to discuss your matter further. (508) 983-4672

To strictly answer the question you asked, the order is valid no matter how late dad is. What you want to look at is how late is dad, how often is he late, and how inconvenient is it that he's late. For example, if dad picks up son at son's house being late is not that inconvenient. However, if Mom has to bring son to the local police station for Dad to pick up Son, then being late is inconvenient.

I agree with the attorney above that you may want to consider filing a Complaint for a Modification.

Feel free to contact me if you would like to discuss the matter further. 617-329-9557