Mezoff v. Cudnohufsky

It appears that the plaintiff sought to have a Probate Court modify its judgment of divorce, under which she was granted custody of the parties’ two minor children, so as to permit her to remove the children to Nova Scotia (G. L. c. 208, §30). The probate judge declined to modify the judgment and enjoined the plaintiff from removing the minor children from the Commonwealth. The plaintiff then moved before a single justice of this court to suspend the injunction pending appeal pursuant to Mass.R.A.P. 6, as amended effective January 1, 1977. 371 Mass. 914. The single justice denied both the…