Removal of Children from State or Country

Removal of Children from State or Country

Client contacted us because he wanted to move to Europe.  He had physical custody of his teenage child and wanted to bring a removal action in the Probate and Family Court in order to take the child to Europe as well.  The child’s Mother wanted the child to stay in Massachusetts.  We worked with the Mother’s lawyer to reach an agreement that allowed the Father to move to Europe with the child and established plans for the Mother to visit the child in Europe every year and for the child to return to Massachusetts to spend time with her Mother during vacations.

II(ii) On a Thursday afternoon at 4:00 p.m. the Father of two young children came to us after the children’s Mother had taken the children “on vacation” for two weeks to Canada and had not returned for more than 1 month.  He had since discovered she had vacated her apartment.  He feared that he would never see his children again.

By Friday afternoon, we obtained a court order for the Mother to return the children to the Father’s custody in the United States.  We moved to implement the order in Canada by finding an experienced Family Law Attorney and had the Massachusetts Court Order entered as an enforceable Canadian Court Order. We had the Canadian Sheriffs on alert and seized the children with the Canadian order in hand on Friday of the next week we appeared with the Father of the children the day after they arrived back in Massachusetts to ensure that the Mother could not take the children again.  We secured sole permanent custody [Link to Custody & Child Support] for the Father until further court order.  To our knowledge, several years later, the Father still has custody. One frantic week of intense concentrated work made worthwhile by the being able to see the smiles and hugs all around of the father and his children!

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