Massachusetts Slip Opinions - Massachusetts Appellate Cases - Jurisdiction Cases in Massachusetts

Caffyn v. Caffyn: (2004) Leading case on residency requirement for filing for divorce in Massachusetts.

 

Jurisdiction

Khan v. Saminni. 446 Mass. 88 (Massachusetts Supreme Judicial Court, February 15, 2006): A consent decree issued by a family court in Trinidad was in substantial conformity with the law of Massachusetts such that the trial court was required under Massachusetts Child Custody Jurisdiction Act (MCCJA) to defer jurisdiction over matter to family court in Trinidad.

Klingel v. Reill The parties were divorced in Massachusetts. Shortly after the divorce, the husband moved to Tennessee and the wife and the children moved to New York. While the wife was still a resident of New York, she filed a complaint for contempt in Massachusetts for child support arrears and medical payments. The husband filed a motion to dismiss on the grounds that neither party lived in Massachusetts, which was allowed and the wife's complaint was dismissed without prejudice. Subsequently, the wife and children moved back to Massachusetts, she hired a lawyer and filed a new complaint for contempt. Again, the husband filed a motion to dismiss on the grounds that even though the wife returned and took residence in Massachusetts, neither party continuously lived in Massachusetts. See M.G.L.A. c.209D, sec. 2-205(a)(1). The motion was denied and the husband was found in contempt, and he appealed this judgment. Massachusetts had jurisdiction to hear the wife's complaint for contempt because the wife and children lived in Massachusetts when she filed the complaint for contempt, which gave the probate court "exclusive jurisdiction" under the statute. The contempt judgment was affirmed.