Legal Question in Family Law in Massachusetts

Re: Taking of minor child out of state without consent

You may file a contempt Complaint in the Probate and Family Court alleging that the best interest of the child would not be served by denying her the regular company of her biological father.

Retain an attorney to assist you with this.

Re: Taking of minor child out of state without consent

Your question requires a two-pronged answer.

REALITY: A mother in today's neofeminist world is favored in every way in Probate & Family court. A case decided only last week, however, favored the father: DICKENSON v. COGSWELL. This was a RARITY.

Pamela Dickenson married the divorced husband (Salwasser) of a sitting family-court judge (E.Chouteau Merrill). Salwasser had moved to California prior to the marriage and wanted to bring his new wife to California with him. Judge Edward Donnelly found in favor of Dickenson's former husband.

The question then becomes: Why was the new wife of Merrill's former husband not allowed to take her child with her . . . and almost every other mother is allowed to take her child(ren)???????????

Payback/revenge???? Or judicial connections????? In all fairness to Chouteau Merrill, she has remarried (her new husband being a fairly well-known lawyer specializing in family law).

The Dickenson v. Cogswell case does NOT NOT NOT mention that Dickenson's new husband is the divorced husband of a sitting judge. Wonder why? :)

Go to my website -- www.falseallegation.com -- and read all about Judge Edw. Donnelly (put his name in the search tool).

LEGALLY: Before the mother of your child is allowed to take your child, (1) she must get your consent to her taking the child out of state[chapter 208] or (2) you must get an EVIDENTIARY hearing (under the Mass. Child Custody Jurisdiction Act).

You will need patience, time, and money. Be sure not to waste it. Ask the attorneys lots of questions. You do not want to pass over $10,000 or $40,000 or even more for nothing.

Best of luck.

Re: Taking of minor child out of state without consent

Based on the fact that you mention there are court documents in place acknowledging you as the father, I am assuming there is an order in the court regarding visitation/child support and the like. With that being said, please be advised that she cannot unilaterally leave the state without having either an agreement between you and the mother filed in the court) or, an order from the court prior to removing your child from the Commonwealth of Massachusetts.

If you do not agree (in writing) or the mother does not obtain an order from the court allowing the removal, she could be charged with kidnapping, contempt of court, etc.

The statute on point is as follows:

Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."

The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."

Question: Is physical/legal custody solely with the mother? Do you have visitation rights?

If there is not an open complaint in court, you may want to file a complaint for contempt: complaining that the Mother intends to remove the child from the state without a written agreement or a court order.

I highly advice you to discuss this with a family law attorney, because without all the facts/documents, this site can only advice you on the basis of your inquiry and not on the review of full facts/documentation. If you are interested in discussing this matter further, please feel free to contact me via email at [email protected] or at my office number under my profile.