CASE SUMMARY: Eric Wettstein v. Sahara Fathi, 11-P-774

Thursday, July 26, 2012

Eric Wettstein v. Sahara Fathi, 11-P-774

The Appeals Court supported the Probate Court judge’s decision that Father’s move to Florida constituted a material change in circumstances as a matter of law.  Father’s move made adherence to the original parenting schedule impossible.  On Father’s complaint for modification, Mother appealed the judgment as to the visitation schedule and trips abroad.  While Mother has sole legal and physical custody, the Appeals Court also upheld the decision permitting overnight visitation to occur in a hotel or at friends’ houses because father lived out of state.  The Appeals Court also upheld the decision requiring each party to receive permission from the other party regarding overseas travel.