C.E. v. J.E.
Annotate this CaseDuring the divorce proceedings of Husband and Wife, the trial judge found that Husband’s alleged abuse of one of the parties’ two minor children had not been proved by a preponderance of the evidence. A judgment of divorce nisi issued, which granted Husband unsupervised parenting time with the children. Wife moved for a stay pending appeal. The probate and family court and a single justice of the Appeals Court denied the motions. Wife subsequently filed this petition pursuant to Mass. Gen. Laws ch. 211, 3 seeking a stay. A single justice of the Supreme Judicial Court denied the petition without a hearing. The Supreme Judicial Court affirmed the single justice’s denial of a stay, holding that the single justice did not err or abuse his discretion by denying a stay pending appeal.
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