Thursday, July 7, 2016

Jonathan Sheetz v. Mireia Marti - No. BA10D0019DR - Judgement of Divorce NISI

ESPANOL                                                                                                          INGLES
         JUICIO DEL DIVORCIO NISI                                                                     JUDGEMENT OF DIVORCE NISI
         CONSTATACIONES de HECHOS de la CORTE                                        FINDINGS
         ENCONTRADO CULPABLE de DESACATO                                           JUDGEMENT CONTEMPT of COURT

Commonwealth of Massachusetts 

The Trial Court

Probate and Family Court Department

Barnstable Division                  Docket No. BA10D0019DR

JONATHAN PATRICK SHEETZ, Plaintiff 
       of Lynn in the County of Essex
                      v.
MIREIA MARTI, Defendant
of BARCELONA in the Country of Spain

JUDGMENT OF DIVORCE NISI

All persons interested having been notified in accordance with the law, and after hearing, it is adjudged nisi that a divorce from the bond of matrimony be granted the said Plaintiff (hereinafter "Husband") against the said Defendant (hereinafter "Wife") for the cause of irretrievable breakdown of marriage, as provided by Chapter 208, section 1B, and that upon and after the expiration of ninety days from the entry of this judgment, it shall become and be absolute unless, upon the application of any person within such period, the Court shall otherwise order. It is further ordered as follows:

  1. The Husband is granted sole legal and sole physical custody of the two minor children of the parties, namely, Thanit Sheetz Martí ( dob 7 de October 7, 2006) and Athena Sheetz Martí (dob 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.

  1. 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. The Wife is prohibited and restrained from making any application for any other passport for the minor children from the United States or any other country.

  1. The Wife is ordered to forthwith provide the Husband and this Court with her current residential address and the address of domicile if they are different. If the Wife intends to change her residential address, then at least thirty (30) days in advance she must provide written notice of the same to both the Husband and this Court.

  1. The Husband is authorized to share with any and all law enforcement officials and/or the United States State Department, the Judgment, Findings, and Rationale entered by this Court by way of an attested or certified copy.

  1. The Wife shall not interfere in any way with the Husband's custody of the minor children or the taking or retaining custody of the minor children by the Husband or any other law enforcement authority, either directly, or in concert with any other persons, except as may be permitted by Further Order of this Court.

  1. Any law enforcement authority seeking to enforce the terms and provisions of this Judgment is authorized to execute the provisions of this Order and Judgment at any time, day or night.

  1. Any and all authorized law enforcement officer of the Commonwealth of Massachusetts or any other state, the federal government of the United States, or any other jurisdiction in which the minor children reside, is authorized to immediately take into their custody the minor children from anyone who has the custody or possession of the minor children and then to place the minor children in the physical custody of the Husband or any authorized representative designated by the Husband.

  1. Any and all authorized law enforcement officers in the Commonwealth of Massachusetts or any other state, the federal government of the United States, Spain, or any other jurisdiction in which the minor children reside are authorized to assist the Husband in any and all ways to locate the minor children and enforce the provision of this Judgment by any means  necessary.

  1. No present order of child support is entered against either the Husband or the Wife since the Wife has failed to provide any financial information to this Court. However, if, as, and when, financial information regarding the Wife is submitted to this Court or when she submits further to the jurisdiction of this Court, at that time, the Court will consider entering a Order of child support and will specifically consider whether or not the Massachusetts Child Support Guidelines will apply or the law of some other jurisdiction would apply to determine child support.

  1. Since there is no current provision made for child support, no provision is made requiring either party to carry life insurance insuring their lives for the benefit of the minor children. However, the Court reserves the right to make subsequent orders and judgments  on that issue.

  1. The Court makes no orders or judgments on the issue of health insurance coverage for the minor children or either party. Each party shall be responsible for their own health insurance coverage without contribution from the other party. The Wife shall share equally with the Husband any and all reasonably necessary medical, dental, orthodontic, pharmaceutical, optical, or other medical charges or expenses for the minor children as they may be incurred by the Husband for the benefit of the minor children. Payment by way of reimbursement to the Husband from the Wife shall be due thirty (30) days from the date written notice is given by the Husband to the Wife of such medical expenses or charges having been incurred.

  1. Each party shall be entitled to retain the assets standing in their own names including, but not limited to, bank accounts, vehicles, retirement accounts, and any and all real or personal property.
  1. Each party shall be solely responsible for and shall indemnify and hold harmless the other party for any and all liabilities existing in that party's name.





August 10, 2015


 Robert A. Scandurra First Justice



cc: Atty. Carchidi; Atty. Hernando; DOR


Absolute date: 11/09/15









A TRUE COPY ATTEST

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