seal

Court Case Record JANICE P. MALLOY & another vs. JACQUELINE CHAMPAGNE 2013-J-0144 UID(9de5)


JANICE P. MALLOY & another vs. JACQUELINE CHAMPAGNE Court Case Record

Court Case Number: 2013-J-0144


 
Case Number2013-J-0144
Case TitleJANICE P. MALLOY & another vs. JACQUELINE CHAMPAGNE
Case TypeCivil
StateMassachusetts, MA
CountyNorfolk Probate & Family
CourtNorfolk Probate & Family
Court Address
Phone
Field Date04/05/2013
Close Date04/09/2013

Parties

CounselNameType
Kenneth M. McGoldrick, EsquireJanice P. MalloyPlaintiff/Respondent
Kenneth M. McGoldrick, EsquireKevin E. MalloyPlaintiff/Respondent
Abbe Hershberg, EsquireJacqueline ChampagneDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
04/05/2013 #1 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Jacqueline Champagne.
04/05/2013 #2 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Jacqueline Champagne.
04/05/2013 #3 RE#2: The motion for a stay of the temporary order is denied. The petition for interlocutory review is under advisement (Green, J.). Notice/Attest/Phelan, J.
04/08/2013 #4 Motion to file and serve record appendix late, filed by Jacqueline Champagne.
04/09/2013 RE#3: Allowed and accepted for filing this date. *Notice.
04/09/2013 ORDER: After review of the petition and the materials submitted with it, the petition is denied. The standards articulated in Blixt v. Blixt, 437 Mass. 649 (2002), for evaluating a request for grandparental visitation inherently contemplate an evidentiary record developed after a full trial on the merits. Such a record is of course not in existence and is accordingly unavailable at the time a trial judge is presented with a request for a temporary order during the pendency of a trial on the merits. In the circumstances of the present case, for substantially the reasons expressed by the motion judge in his temporary order, and particularly in light of the brief period until the date scheduled for a full trial on the merits, the temporary order neither constitutes an abuse of discretion by the motion judge nor poses a risk of irreparable harm. (Green, J.). *Notice/Attest/Phelan, J.