Polewarczyk v. Herbert

The defendant (father) appeals from the judgment of the Probate and Family Court in favor of the plaintiff (mother) on her complaint for authorization to remove the parties' minor child from the Commonwealth. We affirm.

Background. The parties married in 2006 in Arizona, and their only child was born in California in 2009. The family moved to Georgia after the child's birth, and in 2011, they moved to Massachusetts. In 2013, they divorced. Pursuant to a separation agreement, which was incorporated into the divorce judgment, the parties agreed, inter alia, that the mother would have sole legal…