Parent and child – Weekday overnight parenting time

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Where a Probate & Family Court judge allowed a mother’s motion to alter or amend a judgment, the judge erred in modifying the weekday overnights provision, but the amended judgment should otherwise be affirmed.

“The plaintiff, Ken Downey (father), appeals from an amended judgment of modification of the Probate and Family Court dated May 10, 2023 (amended judgment). In this appeal, the father argues that the judge erred by entering the amended judgment because the defendant, Larissa M. Crane’s (mother), motion to alter or amend the judgment was untimely and the amended judgment contains a ‘self-modifying’ provision. We affirm except as to the change to the schedule for the mother’s weekday overnight parenting time. …

“Unlike the part-time provision, the weekday overnights provision was a modification, rather than a clarification, to the January 2023 judgment. Therefore, we must determine whether the judge had the authority to so modify the January 2023 judgment by the mother’s motion. We conclude that the judge did not.

“The mother filed her motion pursuant to rules 59(e) and 60(b). Because the motion was served more than ten days after the January 2023 judgment was entered, it was untimely under rule 59(e). … Therefore, the judge could not consider the mother’s motion under rule 59(e). … Furthermore, the mother’s motion was not entitled to relief under rule 60(b), as she made no claims applicable to subdivisions (b)(1) through (b)(5), and did not demonstrate any extraordinary circumstances warranting relief under subsection (b)(6). … Accordingly, the judge erred in modifying the weekday overnights provision. …

“Paragraph 2(a) of the amended judgment is vacated. The matter is remanded for entry of a new judgment restoring the mother’s weekday overnight parenting time to Thursday nights as set forth in paragraph 2(a) of the January 2023 judgment. The amended judgment is otherwise affirmed. Pending entry of the new judgment or other order of the Probate and Family Court, the parenting schedule set forth in the amended judgment shall remain in effect as a temporary order.”

Downey v. Crane (Lawyers Weekly No. 81-088-25) (7 pages) (Docket No. 24-P-50) (June 10, 2025).

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