MOTION TO RESTRAIN A PARENT FROM LEAVING THE STATE WITH A CHILD DURING DIVORCE
After or concurrently with the filing of a divorce complaint and summons, either party may file a motion with the court asking the court to issue an “injunction” prohibiting one parent from removing a child from the Commonwealth of Massachusetts during the pendency of the divorce case.
Such a request may be granted as a precautionary measure. The courts are inclined to keep the status quo and want to ensure the safety of children during the dissolution of marriage case.
Of course, if a parent wishes to travel, he or she can file a motion with the court asking the court to allow the travel out of the State with a child or children if the other party does not agree. The court may grant or deny the request, and the court may also make certain orders to ensure the return of the children. For example, the court might order the traveling parent to post a monetary bond wherein if they abscond with the child that money can be used to pay for the legal proceedings to secure the child’s return.
Our attorneys specialize in divorce and child custody motions. We are standing by to take your call or message today. We will schedule you with a free, private initial consultation to discuss your rights and options. CLICK HERE TO CONTACT US.
Our firm serves the entirety of Eastern Massachusetts. We handle many cases in Middlesex County (courthouses are in Woburn and Lowell) and Norfolk County (Canton), as well as Essex County in Salem. We also handle matters in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton. We have offices conveniently located in Needham, Boston, Hingham and New Bedford.