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Restraints On Leaving State With 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 is almost always granted as a cautionary 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.  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 email today.  We will schedule you with a free, private initial consultation to discuss your rights and options.

Our firm serves Boston as well as all courts 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.

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