Hamlin v. Cavagnaro
Annotate this CaseIn 2009, Mother and Father were divorced pursuant to a judgment of divorce that awarded Mother primary residence of the couple’s children and provided Father eight weeks of visitation with the children per year. In 2013, the district court modified the divorce judgment to provide for shared residence of the children. In 2014, Father again filed a motion to modify the divorce judgment and a motion for contempt. Thereafter, Mother requested a change of venue, which the district court granted. The court subsequently modified the divorce judgment by awarding Mother primary residence of the children and reducing Father’s visitation time. In addition, the court found Mother was in contempt for her refusal to comply with the terms of the 2013 order and granted Father’s request for attorney fees. The court declined to impose further sanctions on Mother. The Supreme Judicial Court affirmed, holding that the trial court did not abuse its discretion in (1) transferring this matter to a court where additional judicial resources were available; (2) modifying the divorce judgment; and (3) awarding attorney fees as a remedial sanction for Mother’s contempt and declining to impose additional sanctions.
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