Legal Question in Family Law in Massachusetts

Urgent MA family law help needed

I had a pretrial date set for Friday. The ex and I agreed to dismiss as we couldn't afford attorneys anymore and it was more important to exercise visitation. (I live out of the country)

Flights were booked now she refuses to sign the dismissal. The trip up here is the same day as court.

Are there any remedies to the situation? She wants me to sign an agreement giving her what she wants or else I can cancel the trip and break my child's heart.

Given the cost of cancelling, both financially and emotionally, is there anything I can do? Is there anyway to put the agreement she made with me and her reasons before the judge without being present?

I want desperately to see my child but am afraid of what judgements can be made in my absence.

Any help is greatly appreciated!


Asked on 6/10/09, 7:48 pm

3 Answers from Attorneys

Re: Urgent MA family law help needed

I would suggest if you have an attorney, that you use him or her to assist you. Absent that, I suggest you send a facsimile to the Court marked urgent and explain what has transpired. Inform them you are flying in from out of the country and ask for a hearing on Monday, which I assume you are able to attend. As to seeing your child ask the court to instruct your soon to be ex to allow you to see your child.

I am not sure what the court will do under the circumstances but they are likely to allow you to reschedule and attend the pre-trial by telephone if they cannot reschedule on Monday.

Even if the court rules against you, you can seek a rehearing, but you will probably need an attorney.

Good Luck.

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Answered on 6/10/09, 7:55 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Urgent MA family law help needed

Retain an attorney to notify the court of your situation and file motions requesting appropriate rulings. Good Luck!

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Answered on 6/10/09, 8:01 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Urgent MA family law help needed

You need an attorney. In the meantime, call the court and see if you can get a motion heard by telephone to continue the pre-trial AND order the visitation -- and have it heard by telephone. It's a long shot, but it's certainly better than doing nothing. explaining all of this might be of interest to the judge, because judges dislike game-playing of the type you have described.

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Answered on 6/10/09, 8:10 pm


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