Massachusetts Divorce Cases / Visitation
On this page we are compiling links to the full text of important Massachusetts Appellate Cases on Family Law and Divorce decided by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court.
These cases are for educational purpose only and should not be used for any official or legal purpose. Please consult official reports. Below you will be able to search for Massachusetts Appeals Court Slip Opinions and Massachusetts Supreme Judicial Court Slip Opinions relating to Visitation and Grandparent Visitation.
Visitation Cases in Massachusetts
Grandparent Visitation Cases
Blixt v. Blixt,
437 Mass. 649 (2002): In a Complaint for Grandparent Visitation, the grandparent must show that the "failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare. The requirement of significant harm presupposes proof of a showing of a significant preexisting relationship between the grandparent and the child. In the absence of such a relationship, the grandparent must prove that visitation between the grandparent and the child is nevertheless necessary to protect the child from significant harm."
Dearborn v. Deausault,
61 Mass. App. Ct. 234 (2004): A substantial, meaningful and nurturing relationship between a grandparent and grandchild is not the kind of relationship that failure to grant visitation will cause the child significant harm. If, however, the grandparent can show through "expert testimony or otherwise" that visitation is necessary to protect the children from significant harm, the grandparent may present such evidence to the court.
Cartledge v. Evans, Docket 05-P-1300 (2006): The court affirmed an order by a single justice staying a Probate Court order pending appeal. The Probate Court had denied mother from relocating with the parties’ minor child to Connecticut and ordered the mother to relocate to within twenty-five miles of Boston. The court reversed and remanded to allow mother to move to Connecticut with the minor child. The court found that mother had good reason to move, and the Probate Court judge had given dispositive weight to the move’s disruption with father’s visitation.
G.G. Petitioner 462 Mass. 1004 (2012): A single justice denied father's petition under G. L. c. 211, § 3. The father requested that the justice order a Probate and Family Court judge to rule on a complaint for contempt or assign a different judge. The Supreme Judicial Court affirmed the judgment of the single justice, reasoning that extraordinary relief was not warranted and the father could have filed a motion in the trial court for an entry of final judgment regarding his complaint.
Hale vs. Hale, 12 Mass. App. Ct. 812 (1981):
R.S. v. M.P.,
72 Mass. App. Ct. 798 (2008): Modification of a child support order requires a showing that there has been a material change in circumstances. Summary judgment can be appropriate but a judge must use caution.