Colopy v. Colopy

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: Before WILKINS
• Citation: Colopy v. Colopy, 203 N.E.2d 546, 348 Mass. 781 (Mass. 1964)
• Decision Date: 31 December 1964
• Parties: Robert H. COLOPY v. Loretta B. COLOPY.

Page 546

203 N.E.2d 546

348 Mass. 781

Robert H. COLOPY v. Loretta B. COLOPY.

Supreme Judicial Court of Massachusetts, Worcester.

Argued Dec. 10, 1964.

Decided Dec. 31, 1964.

Philip B. Buzzell, Boston (Ernest L. Anderson, Worcester, with him), for respondent.

Walter J. Griffin, Worcester (Richard M. Wall, Worcester, with him), for petitioner.

Before WILKINS, C. J., and WHITTEMORE, CUTTER, KIRK, and REARDON, JJ.

RESCRIPT.

A probate judge concluded upon ample evidence that Colopy was living apart from his wife for justifiable cause and awarded him custody of his five children. The Colopys lived from 1949 to 1962 as members of a center maintained by a religious group, dominated by its leader, whose 'rights to act as a priest were taken from him.' Originally, couples there 'were allowed to live * * * something like mormal married lives.' Later all members 'had to take a vow of chastity and celibacy' and of obedience. The five children were placed at an early age under the supervision of persons not their parents. The children and each of the parents thereafter lived in separate parts of the center. The children have no normal family life, slight contact with the outside world, and go to the center's school which has not been adequately investigated by public authorities. The wife, since 1962, adamantly has refused to...