Cricenti v. Weiland, 44 Mass. App. Ct. 785 (1998)
The wife was a resident of Massachusetts and the husband was a resident of New Hampshire. The parties entered into an agreement modifying a divorce judgment, allowing the wife to move with the parties' minor children from Massachusetts to Nebraska. As part of the agreement, the parties agreed that Massachusetts would retain exclusive jurisdiction over the custody and visitation issues of the children. Approximately 1-1/2 years later, the Wife filed a petition in Nebraska to modify the terms of visitation. The Massachusetts court enjoined the wife from proceeding in Nebraska. The court also denied the wife's motion to dismiss based on the court's lack of jurisdiction under the Massachusetts Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act. On appeal, the Massachusetts Appeals Court reversed the lower court, holding that in interstate custody disputes under the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act, Massachusetts does not reserve jurisdiction under a continuing exclusive jurisdiction provision.
The wife was a resident of Massachusetts and the husband was a resident of New Hampshire. The parties entered into an agreement modifying a divorce judgment, allowing the wife to move with the parties' minor children from Massachusetts to Nebraska. As part of the agreement, the parties agreed that Massachusetts would retain exclusive jurisdiction over the custody and visitation issues of the children. Approximately 1-1/2 years later, the Wife filed a petition in Nebraska to modify the terms of visitation. The Massachusetts court enjoined the wife from proceeding in Nebraska. The court also denied the wife's motion to dismiss based on the court's lack of jurisdiction under the Massachusetts Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act. On appeal, the Massachusetts Appeals Court reversed the lower court, holding that in interstate custody disputes under the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act, Massachusetts does not reserve jurisdiction under a continuing exclusive jurisdiction provision.