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Court Case Record TONI M. LUXENBERG vs. PAUL M. O''CONNELL 2013-J-0455 UID(95b5)


TONI M. LUXENBERG vs. PAUL M. O''CONNELL Court Case Record

Court Case Number: 2013-J-0455


 
Case Number2013-J-0455
Case TitleTONI M. LUXENBERG vs. PAUL M. O''CONNELL
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex Probate & Fam
CourtMiddlesex Probate & Fam
Court Address
Phone
Field Date10/17/2013
Close Date11/26/2013

Parties

CounselNameType
Anne Gillespie, EsquireToni M. LuxenbergPlaintiff/Respondent
Douglas E. Hausler, EsquirePaul M. O'ConnellDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
10/17/2013 #1 ***Financial Statements IMPOUNDED***
10/17/2013 #2 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Paul M. O'Connell. ^
10/23/2013 #3 Motion to enlarge time to file opposition to petition, filed by Toni M. Luxenberg. ^
10/25/2013 #4 RE#2: Allowed to 11/4/13. (Grasso, J.). *Notice/Attest/Gorman, J.
11/04/2013 #5 Memorandum in Opposition to Petition with attachments, filed by Toni M. Luxenberg. ^
11/07/2013 #6 ORDER: The defendant father has filed a petition, pursuant to G. L. c. 231, § 118 (first par.), seeking review of an order of the Middlesex Probate & Family Court, in which the court allowed the plaintiff mother's motion for temporary sole legal custody of the parties' two minor children. Action on the petition for relief is stayed, and the matter is remanded to the Probate Court justice for the entry of factual findings setting forth the necessity of the award of temporary sole legal custody to the mother in the circumstances arising from the father's military deployment abroad. Such findings are to be made on or before November 25, 2013. (Grasso, J.) *Notice/Attest/Gorman, J.
11/26/2013 Copy of Memorandum of Findings in Support of September 23, 2013 Order, received from Middlesex Probate & Fam (via fax 11/25/2013 at 5:16 pm).
11/26/2013 ORDER: The September 30, 2013 order of the Middlesex Probate & Family Court, allowing the mother temporary sole legal custody of the parties' two minor children, is hereby vacated. The parties shall maintain joint legal custody of the children as provided under the terms of their Separation Agreement while the father is on military deployment abroad. Further, the mother's complaint for modification is stayed in accordance with the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., during father's deployment (Grasso, J.). Notice/attest/Gorman, J.