Attorney Adam A. Rowe's Legal Cases

Family

Ames v. Town of Wayland, Super Court No. 14-6717

Aug 13, 2014

OUTCOME: Injunction Granted

This was a Superior Court Action, on a case of first impressing, seeking an injunction against a School District for refusing to enroll a student whose parents share custody, and in which the Father ha ... d custody less than 50% of the time. The Superior Court judge issued a preliminary injunction requiring Wayland to allow the boy to attend during this current school year. Judge Douglas A. Wilkins wrote, “The fact that his nighttime presence in Wayland occurs less than 50 percent of the time does not change the fact that he does actually reside in Wayland (although he also resides in Framingham).”

Family

Mason v. Coleman, 447 Mass. 177 (2006)

May 02, 2006

OUTCOME: Father prevailed in Preventing Removal of Children

The Massachusetts Supreme Judicial Court concluded that where parents have joint physical and legal custody of children, "cause shown" pursuant to G. L. c. 208, s. 30, which governs removal from the Co ... mmonwealth of children of divorced parents where one of the parents seeks to relocate without the consent of the other parent, means a showing that removal is in the "best interests" of the children, taking into account all the circumstances and weighing the appropriate factors. [183-186] Where a mother who shared joint physical and legal custody of her children with their father sought to remove the children from the Commonwealth and the father refused to consent to the removal, a probate judge appropriately considered the best interests of the children and did not abuse her discretion in concluding that removal of the children pursuant to G. L. c. 208, s. 30, would not serve their best interests [186-187]; moreover, the application of G. L. c. 208, s. 30, did not violate the mother's right to freedom of movement pursuant to the Fifth and Fourteenth Amendments to the United States Constitution [187], and there was no reversible error in the admission of certain contested evidence at tria

Adam A. Rowe's Legal Cases (2)

Ames v. Town of Wayland, Super Court No. 14-6717

Mason v. Coleman, 447 Mass. 177 (2006)