Photo by Sigmund on Unsplash The Massachusetts Probate and Family Court has released Standing Order 1-2022 , temporarily overriding Standing Order 1-2021, regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic. The Order, effective 01/05/2022, requires that all cases be held remotely if the case can be changed from in-person to virtual without having to reschedule. The form to request an in-person hearing be changed to remote can be found here: https://www.mass.gov/doc/assented-to-motion-for-all-parties-to-appear-remotely-cjd-424/download Note: If all parties and attorneys do not agree to appear remotely, a Motion (CJD 400) form may need to be filed. According to the order, rescheduling of cases is discouraged and should only happen as a last resort. While the change to virtual proceedings is highly recommended, scheduled in-person hearings shall continue where staffing levels are adequate. In alignment with the shift to virtual procee...

Guest Post by Tony Pelusi * Well it has finally come to be; earlier this month the Massachusetts Probate and Family Court issued Standing Order 1-1 7 setting forth the qualifications, standards of practice, and scope of authority for Massachusetts Parenting Coordinators (PC).  For the first time in the history of the Commonwealth this rule informs clients, attorneys, and judges what is necessary to avail themselves of the multitude of benefits of the PC process provides. Those who wish to access the full text of rule directly may click here .  What follows is a summary of the salient provisions for practitioners and parents. First, Qualifications & Training: For starters, a PC must be a licensed, experienced, and specially trained lawyer or mental health professional.   To qualify for appointment as a PC individuals must apply to the Court and be approved, demonstrating that they have completed at least 30 hours of mediation training,  6 hours of trai...

Standing Order 2-99 of the Massachusetts Probate and Family Court governs the proper procedures for submitting post-hearing Motions to the Probate and Family Court.  Per the Court's recent Press Release , amendments to this Standing Order, which took effect on July 2, 2012, clarify what types of motions may be submitted in these situations. It had become common under the old version of the order for parties to file a Motion for Reconsideration or a Motion for Clarification after receiving an unfavorable Judgment or Order after a hearing in the Probate and Family Court.  The old rule made specific reference to these types of Motions.    However, there is no specific Massachusetts Domestic Relations Procedure Rule  that allows for Motions for Reconsideration or Motions for Clarification specifically.  Under Massachusetts Domestics Relations Procedure Rule 60  a Motion for Relief from Judgment and Order may be brought, but only for very spe...

The Court can use any credible evidence, that conforms with the rules of evidence, in making determinations about custody. The Court often has to weigh the source of the evidence as well as the content of the evidence presented. This is the same for DCF records, although there are limitations on how this information is obtained by the Court. In a recent case, the Supreme Judicial Court of Massachusetts, reviewed and stayed certain informal procedures that were being used in the Hampden Division of the Probate and Family Court to access the confidential information contained in Department of Children and Families records. Brantley v. Hampden Division of the Probate and Family Court Department, Mass SJC-10343 (2010). When DCF gets involved with a family it is usually an indicator that there is some danger of neglect or abuse to the children. Naturally this information could be useful for Probate and Family Court Judges to be aware of in making determinations. However, there are l...