Q. I got divorced in France and now live in London. My ex and my son live in Massachusetts. Our French divorce was registered in the court in Middlesex County because my ex was living in Newton. I cooperated and agreed to registration. Our judgment does not require me to pay any support because she was moving so I have large costs to travel to see him.

Last year, she sold her Newton home and moved to Martha’s Vineyard. She claims I need to pay support now because the island is more expensive and our son has to travel for soccer tournaments – his club team is off island.

I want to delay this until September when I am back in Massachusetts – I can’t afford a rental on the island over the summer. There is a hearing in June in Woburn. What is the best strategy to delay the case until September?

A. Now that your ex is no longer living in Middlesex County, you can raise improper venue in her modification case.  Probate and family court Standing order 2-2021 was recently updated so you should take a look at it on the trial court website for guidance.

When a new action is filed and there was a prior action, the new filing takes place in the same location where the prior filing occurred and carries the same docket number of the original case. But sometimes no one is in that location any longer and it is not convenient to make people return to that venue for the next case. When that happens, venue can and arguably should be moved. In order to change venue, a motion should be filed with the judge assigned to the case.

The judge has to elevate the request to the Chief of the Probate and Family Court as discussed in the standing order.

Depending on your judge, motion dates in Middlesex County are a few weeks to a few months out. Then there will also be processing time in the Chief’s office to handle the request.  Then assuming reassignment happens, you will have to navigate hearing dates in Martha’s Vineyard.  Hearing dates are more limited in that jurisdiction – the judge does not sit there full time, so this should help push things out further.

All of that being said, you do not have to come in person for the hearings. You can make a motion to schedule hearings over Zoom because you live in France. Ask for administrative allowance.

Email questions to whickey@brickjones.com