Hingham, MA asked in Family Law, Child Custody and Child Support for Massachusetts

Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he got a girlfriend and won't "do what she wants." Which means he would not see the children until court. and there is no court date assigned yet just the docket#. is there a temporary motion or a way to order her legally let the father have parenting time before the ACTUAL first court date happens? Is there ANYTHING that can be done about this or does he have to lose seeing his kids until they get a court date?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the Defendant with the Summons and depending upon whether it has already been served and return of service filed with the Court you can either await the assignment of a pretrial or case management conference or file and serve a Motion and Affidavit in Support stating that there is a withholding of visitation not in the child's best interests. This all can be complicated and is the reason you should seriously consider engaging counsel to represent you.

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