Parenting Issues – Removal of Children from Massachusetts

Each parent may travel with minor children away from home to take vacations, visit with relatives, make day and weekend trips, shop, and go on other similar excursions during his or her scheduled time with them. If any such travel will exceed 24 hours, it is a good idea that the parent taking the children inform the other parent of the location(s) where the children will be staying and the telephone number(s) where they may be contacted.

Under the law, however, a parent may not permanently remove minor children from Massachusetts without the express permission of the other parent or a court order. This issue is a particularly difficult one for all concerned. On one hand, a parent may lose a job or be transferred, remarry, or have some other event occur which makes relocation desirable if not necessary. On the other hand, the other parent’s relationship with the children would be dramatically altered if relocation occurred. The appellate courts in Massachusetts have dealt with this issue repeatedly in recent years, indicative of our mobile society and the critical importance of this issue to the relationship between parent and child. It is critical to obtain legal advice from an experienced family law attorney as soon as possible to protect your rights.