Posted by Michael Franklin
Additional Information: My ex-wife is denying me my holiday visitation this year. I’m a MA resident, living in West Boylston. Every other year I get the kids for their Christmas vacation. This year is “my” year and she’s already saying she is making other plans with them which is a clear violation of our Divorce Decree. What steps should I take? File a contempt motion in Worcester area court?
Contact me. The jurisdiction of the Court must be established. If the Judgment is from Worcester County Probate and Family Court, the Worcester Court has jurisdiction to issue a Contempt Judgment and may Order her to reimburse you for attorney’s fees and costs. However, if the Court that issued the judgment is outside of Worcester County and your ex-wife still resides in that county, the Worcester County Probate and Family Court does not have jurisdiction. The original Court does. If you both live outside the original county or state that issued the Judgment, jurisdiction may lie in the Court of the County or state where the child resides. In any event, a letter should be sent to your ex-wife explaining that you intend to file contempt proceedings against her should she deny you the kids on Christmas. This letter should be sent to her immediately as a precautionary measure to attempt to dissuade her from doing this.