Victory
1,080
Supporters

Children, by law, are entitled to the legal right of safety and freedom from harm.

 

Letter to
Judge J. Abber, Probate Court, 36 Federal Ct, Salem, MA 01970
This is case law that has been violated in allowing the children to be place in the sole custody of the father, with no safety plan, no investigation into allegations, and no fair hearing afforded to the mother.

FRIED, J. In 1993, a Probate and Family Court judge awarded primary physical custody of a boy (Vaughn), at the time age eleven years, to his father (Ross). The Appeals Court reversed and remanded the case to the Probate and Family Court for further consideration of evidence regarding domestic violence perpetrated by the child's father against his mother (Leslie) and the effect of the family violence on Vaughn. R.H. v. B.F., 39 Mass. App. Ct. 29 (1995). We granted Ross's application for further appellate review. We are in agreement with the Appeals Court. We reverse the judgment and remand for further findings consistent with this opinion.