“The Supreme Court of Massachusetts held that the trial court’s decision was not an abuse of discretion. The court cited a number of authorities from other states, and a number of law review articles on the subject, along with the ALI Principles. The court observed that:
“The Supreme Court of Massachusetts held that the trial court’s decision was not an abuse of discretion. The court cited a number of authorities from other states, and a number of law review articles on the subject, along with the ALI Principles. The court observed that:
‘Where physical custody is shared, the “best interest” calculus pertaining to removal is appreciably different from those situations that involve sole physical custody… Where physical custody is shared, a judge’s willingness to elevate one parent’s interest in relocating freely with the children is often diminished… No longer is the fortune of simply one custodial parent so tightly interwoven with that of the child; both parents have equal rights and responsibilities with respect to the children. The importance to the children of one parent’s advantage in relocating outside the Commonwealth is greatly reduced.’
Mason v. Coleman, 447 Mass. 177; 850 N.E.2d 513 (Modified Opinion July 27, 2006)
Opinion on web“, from the Family Law Prof Blog.
