ESPANOL INGLES
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court Department
Barnstable Division Docket No. BA10D0019DR
JONATHAN PATRICK SHEETZ, Plaintiff
v.
MIREIA MARTI, Defendant
JUDGMENT ON REMAND
(Complaint for Contempt filed on March 15, 2012)
The above matter came before the Court on Remand for further proceedings consistent with the Memorandum and Order issued on July 21, 2014 pursuant to Rule 1:28 by the Massachusetts Appeals Court in the matter of J.P.S. vs. M.M., Docket No. 13-P-1447, whereby the Appeals Court stated that " We vacate that portion of the contempt judgment awarding the husband sole legal and physical custody of the children. The judgment is otherwise affirmed, and the matter is remanded for further proceedings consistent with this memorandum and order."
All parties were notified of the Remand hearing in advance. The Plaintiff ("Husband") appeared with counsel and testified. The Defendant ("Wife") did not appear for the hearing, but the Wife's counsel did appear and was provided every opportunity to participate in the proceedings, including but not limited to, presenting evidence, cross-examining witnesses, objecting to exhibits, or introducing exhibits. Notwithstanding this opportunity, the Wife's counsel declined to participate. Based upon the testimony and evidence at the time of hearing, and pursuant to the separate Findings & Rationale rendered on this same date by the Court, which Findings & Rationale include both the Remand matter and the Complaint for Divorce which were tried on the same date, it is ordered and adjudged as followed:
1. The Wife is found GUILTY of contempt for intentionally failing to obey the previous Orders of this Court including, but not limited to, the Further Orders of this Court dated February 13, 2012, and the Pre-Trial Order of this Court dated February 2, 2015, entered after the Rule 1:28 Order issued by the Massachusetts Appeals Court.
- The Husband is granted sole legal and sole physical custody of the two minor children of the parties, namely, Thanit Sheetz MartÍ (dab October ?, 2006) and Athena Sheetz MartÍ (dab November 20, 2008). Any and all parenting time by the Wife is hereby immediately suspended and no orders for parenting time between the Wife and the minor children shall be considered or entered until the Wife files proper pleadings in this Court and appears before this Court.
- The Wife shall immediately return both minor children and the US Passports of the minor children to the Husband in Massachusetts. In the event that the Wife shall fail to immediately return the minor children and their US Passports to the Husband, then any and all federal, state, local, and/or international law enforcement agencies are authorized and directed to take the minor children into their custody and release to the Husband's care, custody, and control said minor children and their US Passports.
- In all other ways the Wife is required and compelled to comply with the terms of the Judgment of Divorce entered contemporaneously with this Judgment. If, as, and when, the Wife appears or files subsequent pleadings in this Court, the Court reserves its right to consider and rule on the Husband's request for attorney's fees and costs prayed for in his Complaint for Contempt.
August 10, 2015
Robert A. Scandurra First Justice
cc: Atty. Carchidi; Atty. Hernando
A TRUE COPY
ATTEST
REGISTER
