Legal Question in Family Law in Massachusetts

Re: Visitation - Child Doesn't Want to Go

First, is there a court order? Second, would the father be willing to drive her to this function during the visitation? Three, yes you have to follow if there is a court order. Four, your only other option is to go to court today and try and file an exparte motion to request to deviate from the court order and usually this is only allowed, if it is an emergency. This is really "not" an emergency.

Would the father be amicable to extra time for visitation on another date, in lieu of this weekend? Basically, yes you have to follow the orders, again, exparte motions are usually allowed only for emergency.

However, if your daughter, is a member of the church (ongoing) and many functions occur on the weekend and, it is something that she is really involved in, I suggest you file a motion to modify visitation (giving the other party no less than ten days notice) in order to accommodate her interests. For example, they may put a stipulaton in the order if there is a church function and it falls on the father's visitation (based on the fact your daughter is involved regularly in the church), the father will be allotted extra time on a different day(s). Good luck! And, if you have any further questions, please feel free to email me at [email protected] Sincerely, Maria Murber

Re: Visitation - Child Doesn't Want to Go

Since you apparently have physical custody, it is up to you whether the church function is worth a potential complaint for contempt. The best solution would for him to get a replacement time to visit, unless his chedule makes that impossible.

He will not get anywhere calling the police, as they will tell him to take it to (civil) court.