Child Abduction

Today's headlines feature the case of a Colorado father whose young daughters were taken to Argentina by their mother after their divorce judgment granted him primary custody. It has taken him over 3 years to get his daughters back, and they are still not in his custody. Even though Argentina became a signatory country in the Hague Convention in 1991, the children's mother was able to stall the girls' return by using the lengthy appeals process through the Argentine courts.

What does this terrible situation mean for you? As made apparent in the above case and in countless other matters, having a designation of custody through a U.S. or Massachusetts Probate and Family Court does not prevent a non-custodial parent from abducting the children and fleeing the country. While it may be difficult to get children through security and on a plane without the notarized consent of both legal custodians when traveling out of Logan Airport, other airports are not as tough. Once out of the United States, the battle to force the non-custodial parent to return the children may be impossible.

If you suspect that your child's other parent may result to such extreme measures, it is imperative that you act proactively:

• During a divorce or custody matter, ask that the child's passport be held by your attorney and that both parents be granted access only with court permission.
• Ask that the Court institute a bond for the parent that is traveling with the children overseas, which can actually prevent that parent from leaving the country if the bond is set too high.
• If the children do not have passports, ask the Court to issue an order that neither parent may request a passport for the children.
• Depending on the age of your children, teach them how to use a telephone and have them memorize your phone number.
• Ask that the children's school alert you if the children are picked up early by their other parent.

Most importantly, if you suspect that an abduction is likely, take immediate action and seek assistance from the court.



(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Extracurricular Acitivites: How Many and Who Pays?

With the Olympics come the sentimental commercials of Olympians thanking their parents for helping them become the athletes they are today.  We see images of these young Olympians learning how to walk on a ski slope, falling down over and over, and being woken up in the very early morning hours for practice. Not every child will become an Olympic athlete, and not every family will even consider the possibility of making such a commitment.  So what happens when two divorced or never-married parents have differing opinions on the extracurricular activities that a child will participate in? Who pays for the cost of these activities?

 As with many other decisions to be made regarding children, a Judge will determine what is in the child's best interest when deciding whether or not a child should continue or start an activity, and who should be responsible for the cost. In addition to looking at the history of involvement in a certain activity, the court will also consider the impact – if any – that the activity may have on parenting time, as well as the income of the parties and the cost of the activity.

 In many situations, the parties include in their agreement language that allows the children to participate in agreed-upon extracurricular activities, with agreement not to be “unreasonably denied.” For those activities that are agreed-upon, the parties include language stating that they will share equally the cost of those activities. The question, then, is “what is reasonable?”  The answer to this question will vary with each situation, but some good rules of thumb are:  A child should be able to participate in extracurricular activities, but those activities should not significantly infringe on parenting time. In addition, if a child had engaged in an activity throughout the parties’ relationship, the child should be able to continue doing that activity. With regards to payment, the parties should share the cost of reasonable activities, so long as the parties’ incomes have been equitably addressed via child support or alimony.  The key is finding balance between these rules. So if a child had always done one sport per season, it would be reasonable for the child to continue to do so. However, if the child had always done three activities at once, and those activities took significant after-school time and weekend-time, it may not be reasonable to keep the child enrolled in all three activities. Further, if the application of child support still results in one party having significantly higher assets than the other, it may not be equitable for the parties to share in the cost of extracurricular activities.

While it is impossible to predict what a child will be interested in (or talented at), adding language into an agreement that sets parameters for the number of and payment for activities can save the parties from future court battles and headaches, Olympic athlete or not!  


(c)2014  by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

How long does the divorce process take?

Everyone has heard horror stories about divorces dragging on for years, with families and children caught in the middle of a seemingly unending war. The reality is that, depending on the parties and their dedication to resolving their outstanding issues, a divorce can take as little as a month, to as long as several years.

For Contested Divorces
Upon the filing of a Complaint for Divorce, the case is assigned to a 14 month track. This means that the courts do not want the entire divorce matter (from initial filing through trial) to take longer that 14 months. Unfortunately, they often take much longer than that, especially if the case is very contentious, there are multiple court appearances to address temporary orders, and/or the parties change counsel.

No earlier than 6 months after the filing of a  divorce complaint, the parties will be assigned a date for a Pre-Trial Conference. At this hearing, the parties must present memoranda to the Judge, letting him/her know what stipulations the parties have reached and what issues remain outstanding. If the parties still cannot resolve their matter following the pre-trial conference, they will be assigned a trial date. Usually, the trial is scheduled for many months after the Pre-Trial Conference. Sometimes, due to the Judge's calendar, the trial is scheduled 9 months out!

If the parties reach an agreement after the Pre-Trial Conference but before trial, they can usually present the agreement on any day that the Judge is hearing cases. The divorce then becomes final 90 days from the hearing date.

In situations where the parties reach an agreement prior to their Pre-Trial Conference and prior to the expiration of 6 months from the date of filing for divorce, the parties must convert their Complaint for Divorce to a Joint Petition for Divorce. This is a simple matter that includes the filing of a Motion, but the extra work is certainly worth the convenience of not having to wait until a full 6 months have gone by.

For Uncontested Divorces
If the parties agree to file Jointly for Divorce, the process is much faster. Once a Separation Agreement has been signed, all of the paperwork is filed with the appropriate court. A docket number and a Judge are assigned to the case, and a hearing date is assigned. On the day of the hearing, the parties present their agreement to the Judge for approval, and the divorce becomes final 120 days thereafter. In many instances, the parties can present their agreement earlier than their assigned hearing date, so long as they obtain permission from the clerk. As such, if the Courts process the paperwork quickly and the parties obtain permission to present their agreement early, the divorce can take as little as a month.

While unexpected conflicts and the Judge's calendar play a role in the length of time a divorce can take, it ultimately falls to the parties. The more contentious the matter, the longer it will take. For this reason, it is always beneficial to do a cost-benefit analysis when fighting over a specific issue. Is the fight worth the cost to prepare for court, attend the hearing and do the follow-up paperwork?  Perhaps not.

(c)2014 by Law Office of Leila J. Wons. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Parenting Time During School Vacations

As children get older and start attending school, parents who are not living together will have to determine how/if they will amend their parenting plan to accommodate school vacations (if a provision for same has not already been included in a temporary order or judgment). There are many ways to divide vacation time between parents, and there is no "wrong" answer so long as the parents are doing what is in the children's best interest. Most parents will alternate school vacations each year, so that in odd years parent A takes the children from Monday through Friday while parent B takes the children in even years. Other parents may decide to split the vacation in half, so that  parent A has the children from the last day of school through mid-week, while parent B takes the children from mid-week through the Monday morning that school reconvenes.

For the most part, agreements or court orders made regarding vacations supersede the regular parenting schedule. So if during the school year parent A has the children every other weekend from Friday evening through Monday morning and for an overnight each Wednesday, but the parties have agreed to alternate school vacations each year, parent A may not have any vacation time with the minor child(ren) if it is not his or her vacation year.  While this may seem unfair at the time, it ends up working out over the years. However, if going so long without seeing a parent would be detrimental to the child(ren), the parents can agree to include a mid-week visit with the non-vacation parent, or to give that parent the weekend immediately following or preceding the vacation.

February school vacation is fast approaching, and it is best to reach an understanding of how the vacation week will look like as soon as possible. If the parties are unable to come to an agreement, a party can seek assistance from the court.


(c)2014 by Law Office of Leila J. Wons.  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

When to use the Department of Revenue

When deciding on a child support amount, the parties must also determine whether or not they want to use the Department of Revenue (DOR) for collecting and distributing payments. While going through DOR may not work for everyone, I usually recommend it. DOR keeps track of every payment received, calculates interest, and can take necessary enforcement steps if the payor is not current on his/her payments. For example, DOR can have the payor's driver's license suspended, can intercept tax returns, can garnish wages, or can even have a passport revoked.

Having DOR involved also makes it easy to present to a judge a detailed report of every payment made, in the event that the parties return to court on a Complaint for Contempt or Modification. This is much easier than combing through bank statements and deposit slips to figure out the arrears amount. 

If you decide not to go through DOR initially, you can always request DOR's services at a later date, unless a court order specifically prevents you from doing so. As there are DOR offices in many courthouses throughout Massachusetts, it is fast and easy to obtain the necessary paperwork and submit it.

Go to the Department of Revenue-Child Support Enforcement website to learn more.

(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Speaking to Children About Divorce

Speaking to your children about divorce can be an extremely difficult process. Parents often disagree on the amount of knowledge children should have about the divorce process and what his/her parents are going through. Some parents feel that the children should be fully informed regarding the status of the divorce (i.e. when the parents are going to court, what the issues are, etc.) while others believe that children don't need to know anything other than the existence of a pending divorce.  Depending on the child's age, it is advised that children not be given detailed information about the pending proceedings, as that will likely cause unnecessary stress and anxiety. Likewise, children should not be left in the dark about his/her parent's relationship. It is important to let children know that a divorce is taking place, but it is difficult to determine the right way to do it. Should the parents talk to the children individually? Should there be a family meeting? Is this something that is better handled in therapy or even with the assistance of a favorite teacher? There is no right answer, but fortunately there are some tools to help.

Sesame Street has recently released a series of videos and other tools to help children understand that they are not alone, and that it is OK to have and share certain feelings about the process. Showing children these videos may help prepare them for an open conversation about the pending divorce, or may help to follow-up with a conversation that has already taken place. You can find a link to these videos here.

In addition to the Sesame Street videos, there is a large amount of literature available to help parents address the divorce process with their children, as well as books specifically catered to children of divorce. Some of my recommendations include:

• Helping Your Kids Cope with Divorce the Sandcastles Way by M. Gary Neuman;
• Divorce is Not the End of the World: Zoe's and Evan's Coping Guide for Kids by Zoe and Evan Stern;
• Two Homes, by Claire Masurel

(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Harassment Prevention Orders - What are they and How do I Qualify?

Harassment prevention orders are found under chapter 258E of the Massachusetts General Laws. This chapter was enacted as a response to inadequate protections for those being abused by acquaintances or strangers, as such protections are not available via Abuse Prevention Orders (aka Restraining Orders) found in chapter 209A.

A harassment prevention order can prevent the defendant (alleged assailant) from having contact with, abusing or harassing the plaintiff (alleged victim) and to remain away from the plaintiff’s residence and/or work.   The order can also provide compensation to the plaintiff for losses suffered as a result of the harassment.

In order to obtain the order, there must be showing of 3 or more truly threatening events that involve an intent to cause fear, intimidation, abuse or damage to property and that do actually cause fear, intimidation, abuse or damage to property.   Even if these individual events don’t each cause the requisite fear, a combination of all three events will suffice.   A harassment prevention order may also be obtained if the defendant engaged in an act that by force, threat or duress causes another to involuntarily engage in sexual relations, or that constitutes one of the following crimes:

-        Indecent assault and battery on a child under the age of 14, a mentally retarded person or    someone age 14 or older;

-        Rape, including rape and abuse of a child;

-        Assault with intent to commit rape;

-        Assault of a child, with intent to commit rape;

-        Kidnapping;

-        Stalking;

-        Criminal harassment; and

-        Drugging persons for sexual intercourse.

A harassment prevention order is initially temporary, and can last up to 10 days.  Thereafter, both parties must appear in court to present testimony and evidence as to why or why not the order should be extended.

Harassment is extremely serious and should be addressed, especially in situations involving more than 3 instances of harassment.   Safety is paramount, and you should speak on an attorney or law enforcement immediately following an instance of abuse.

(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."