Cabral v. L'Heureux
Annotate this CaseMother and Father were the parents of two minor daughters. At the time Father filed a complaint for determination of parental rights and responsibilities and child support, the girls were residing with him. The children had been residing with Mother until the month before Father’s filing. In October 2015, the district court entered a parental rights and responsibilities order that awarded Father primary physical residence of the children. Mother appealed, arguing that the district court erred in considering and relying upon evidence offered in a separate proceeding concerning the same parties. The Supreme Judicial Court agreed with Mother and vacated the judgment establishing parental rights and responsibilities, holding that the lower court erred in relying on the prior, separate body of evidence absent the consent of the parties or another legitimate evidentiary basis, and the error was not harmless. Remanded.
Court Description: Corrected June 29, 2017 (Errata sheet)
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