Appeals – G.L.c. 211, §3

Listen to this article

Where a Juvenile Court judge issued a temporary order placing a petitioner’s child in the custody of the Department of Children and Families, it was not error for a single justice to deny the petitioner’s request for relief under G.L.c. 211, §3, as the petitioner had an adequate alternative remedy available to him in the Appeals Court.

Affirmed.

“… The petitioner can raise his claims, including his claim that the judge was obligated to recuse herself, on appeal from a final judgment. … In addition, the petitioner could have sought immediate relief from any interlocutory ruling of the Juvenile Court under G.L.c. 231, §118, first par. … The fact that the petitioner did not timely file a petition for such relief does not mean that it was an inadequate means of obtaining review. … The single justice neither abused his discretion nor committed any other error of law by denying relief under G.L.c. 211, §3.”

In the Matter of an Impounded Case (Lawyers Weekly No. 10-027-26) (2 pages) (Rescript) (Docket No. SJC-13866) (March 19, 2026).

Click here to read the full text of the opinion.