Topic: we give substantial deference to a judge's decision that te… · Go Syfert
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Topic #1625

14 canonical passages across 11 cases, quoted by 173 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Adoption of Ilona.

#Case FlagCanonical passage Citers
1 Adoption of Ilona Anchor
mass · 2011
green “we give substantial deference to a judge's decision that termination of a parent's rights is in the best interest of the child, and reverse only where the findings of fact are clearly erroneous or where there is a clear error of law or abuse of discretion.” 36
2 Adoption of Jacques
massappct · 2012
green “to terminate parental rights to a child and to dispense with parental consent to adoption, a judge must find by clear and convincing evidence, based on subsidiary findings proved by at least a fair preponderance of evidence, that the parent is unfit to care for the child and tha…” 36
3 Adoption of Ilona
mass · 2011
green “in deciding whether to terminate a parent's rights, a judge must determine whether there is clear and convincing evidence that the parent is unfit and, if the parent is unfit, whether the child's best interests will be served by terminating the legal relation between parent and …” 23
4 Custody of Eleanor
mass · 1993
green “a finding is clearly erroneous when there is no evidence to support it, or when, 'although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 20
5 Adoption of Ilona
mass · 2011
green “because childhood is fleeting, a parent's unfitness is not temporary if it is reasonably likely to continue for a prolonged or indeterminate period.” 16
6 Adoption of Larry
mass · 2001
green “a finding is clearly erroneous when there is no evidence to support it, or when, 'although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 9
7 In Re Adoption of Chad
massappct · 2019
green “the requisite proof must be strong and positive; it must be 'full, clear and decisive.” 7
8 Adoption of Nancy
mass · 2005
green “the standard for parental unfitness and the standard for termination are not separate and distinct, but 'reflect different degrees of emphasis on the same factors.” 6
9 Singh v. Capuano
mass · 2014
green “amounts to a 'clear error of judgment' that falls 'outside the range of reasonable alternatives.” 4
10 Adoption of Nicole
massappct · 1996
green “although the bonding of a child with foster or adoptive parents is not a dispositive consideration, it is a factor that has weight in the ultimate balance.” 4
11 Adoption of Zak
massappct · 2015
green “witnessing domestic violence, as well as being one of its victims, has a profound impact on children” 3
12 Custody of Vaughn
mass · 1996
green “a child who has been either the victim or the spectator of such abuse suffers a distinctly grievous kind of harm” 3
13 Adoption of Nancy
mass · 2005
green “after ascertaining unfitness, the judge must determine whether ... it would be in the child's best interests to end all legal relations between parent and child.” 3
14 Adoption of Elena
mass · 2006
green “shall consider the ability, capacity, and readiness of the child's parents ... to assume parental responsibility” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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