Legal Question in Civil Litigation in Massachusetts

8 Year old son

My son will be turning 9 tomorrow and my ex wife (I have joint shared legal custody - divorce in Massachusettts) took him to a concert for his birthday in Connecticut. The concert was an Ozzy Osborne tribute band and there was an age restriction of 12+. I told her I didn't want him to go, but she didn't care. It was her day to have him. The venue assured me they would not let in anyone under 12 but they did. I am furious. Can I do anything against the venue or my ex?


Asked on 9/29/07, 10:04 am

4 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: 8 Year old son

In this instance, I agree with Attorney Lee.

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Answered on 10/11/07, 12:05 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: 8 Year old son

I disagree with the prior answers. I doubt that Ozzie Osbourne is contempt, no matter how distasteful, and the venue probably has no liability.

However, this may be indicative of a larger problem, and may be something that should cause you to look at a modification in your custody and/or visitation rights. I am assuming that your wife has physical custody based on the wording your rights. If she is exposing your son to significant inappropriate material or influences, the court with jurisdiction might consider modifying this. You will probably need more than one concert, however.

I am by no means endorsing your ex-wife's conduct -- just suggesting that you put the brakes on any rush to court. You don't want to look like the strident idiot, and she will try to paint you that way. Get more information before going forward.

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Answered on 10/02/07, 3:44 pm
Joseph Murray Joseph M. Murray, Esq.

Re: 8 Year old son

Assuming you can prove your child was admitted to the concert while in your ex-wife's company, you could file a Contempt Complaint against her in the court that granted the divorce, if, by doing this, she violated the terms of her visitation rights.

And, you could consult an attorney about whether you have sufficient grounds to file suit against,your ex-wife, the venue, and the performers for violating their own rules about the minimum age of those to be admitted, and for such injury to your child as you and such child psychologist as you and the attorney you retain to bring such action might hire to medically treat your child for any such injury to their psyche. Good Luck!

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Answered on 10/01/07, 1:52 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: 8 Year old son

You can file an action for contempt, and ask the court to order that she not take your son to such inappropriate places. You can contact the venue's head, and ask for an explanation. You may also be able to report the venue to some state authority.

If you have questions or need assistance contact me.

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Answered on 9/29/07, 11:09 am


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