Guardianship by Joseph W.
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The Supreme Judicial Court vacated the order of the probate court ordering that a sixteen-year-old minor, who had been residing with his mother and his siblings in Mississippi for over a year, would start living with his grandparents in Maine one week after the order was issued, holding that the court did not have the authority to enter the order.
The minor child's grandparents petitioned the probate court for full guardianship of the child. The grandparents also separately moved for appointment as guardians on an emergency basis. The court eventually issued a document entitled "Consent Order" providing that the petition for guardianship be continued. The mother filed an emergency motion to vacate the consent order and to dismiss the guardianship request, asserting that the court lacked jurisdiction over the case. The court denied the motion. The Supreme Judicial Court vacated the judgment, holding that the court did not have the authority to grant the requested relief and should have granted the mother's motion to dismiss.
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