Pizzino v. Miller

Applying Yannas v. Frondistou-Yannas, 395 Mass. 704, 710-712 (1985) (Yannas), a judge of the Probate and Family Court denied the request of the divorced plaintiff, Angela Pizzino (the mother), for permission to leave the Commonwealth with her minor children, ages eight and seven at the time of *866trial.2 The mother appeals, arguing essentially that (1) the judge misconstrued the legal criteria applicable to the removal of children by a custodial parent postdivorce; (2) the judge’s findings of fact are either clearly erroneous or against the weight of the evidence; and (3) the judge relied too…