Contempt for Anticipatory Breach

Timing is everything.  Mother could not be held in contempt for threatening not to allow the children to visit father for Christmas, according to the Appeals Court.  Rejecting the father’s claim of “anticipatory breach,” the Appeals Court made clear that a contempt judgment cannot enter until “after the time for the mother’s performance had come and gone.” Pederson v. Klare, 74 Mass.App.Ct. 692 (July 23, 2009).

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