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Mason v. Coleman

Massachusetts Supreme Judicial Court

850 N.E.2d 513 (2006)

Relevant factsFree

Divorced parents James Mason (plaintiff) and Betsy Coleman (defendant) shared joint legal and physical custody of their two children under an order requiring the children to attend school in Coleman's Massachusetts district. After Mason relocated just 17 miles away to New Hampshire, Coleman announced she also intended to move to New Hampshire, prompting Mason to seek sole physical custody and an order blocking the move, largely because the children were thriving in their highly regarded Massachusetts school district while the proposed New Hampshire district was rated below average. After weighing the children's best interests, the trial judge refused to authorize the relocation but left the existing shared-custody arrangement intact rather than awarding sole custody to either parent; Coleman appealed, arguing the refusal violated her constitutional right to travel.

IssueFree

Whether, in a shared physical-custody arrangement in which one parent is seeking to relocate, a court may refuse to allow the relocation if it is not in the child's best interests.

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