Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 12:00

Orders issued pursuant to c. 209A should be made to maximize the safety of the plaintiff and any child(ren). Parenting time should be considered only in limited circumstances in c. 209A proceedings. For more comprehensive parenting time orders, a separate parenting time complaint should be filed in the Probate and Family Court.

In the context of a c. 209A proceeding, the statute defines the relief available to the plaintiff.General Laws c. 209A, § 3 lists the remedies that the plaintiff may request, including but not limited to, the following: refrain from abuse; refrain from contact; vacate and stay away from household, multiple family dwelling, and workplace; an award of temporary custody of child(ren) to plaintiff; spousal or child support; monetary compensation for losses related to the abuse; impounding an address; and, refrain from abusing or contacting plaintiff's child(ren). In addition, § 3B expressly provides for the surrender of firearms and firearm licenses, and § 11 expressly provides for orders relative to domesticated animals owned, possessed, leased, or kept by either party.

The focus of a c. 209A proceeding is the protection of the plaintiff. If the plaintiff has not requested that the court permit parenting time or does not readily agree to amend the petition to include parenting time, the court ordinarily should not issue a parenting time order in the c. 209A proceeding. The preferred practice would be not to address a contentious custody/parenting time issue at the hearing after notice, but to assign the matter for hearing at a later date on a separate parenting time or custody complaint filed by one or both of the parties in the Probate and Family Court.

If the parties agree to parenting time, the court should still make findings that the parenting plan proposed by the parties is not injurious to the child(ren).See Guideline 12:02 Custody and Parenting Time Orders in Probate and Family Court: Assessment of Impact of Domestic Violence on Children.

General Laws c. 209A, § 3, provides, inter alia, that if the Probate and Family Court orders parenting time to the parent who has been abusive, the court must provide for the safety and well-being of the child(ren) and the safety of the parent who has been abused. The court may consider, but is not limited to: an order for supervised parenting time; ordering the parent to attend and complete an intimate partner abuse education (IPAE) program as a condition of parenting time; ordering the parent who has been abusive to abstain from possession or consumption of alcohol, or controlled substances, during the parenting time, and for twenty-four hours prior to commencement of the parenting time; or, an order prohibiting overnight parenting time. For a list of IPAE programs go to Mass.gov, search for “Intimate Partner Abuse Education Program Services,” and click on “Download a list of Massachusetts Certified Intimate Partner Abuse Education Programs.”

An order allowing, or not allowing, parenting time affects a parent's access to information concerning a child. For example, G.L. c. 71, § 34H provides that any parent without physical custody of their child(ren) may receive school information concerning the child(ren) unless: (a) the parent's access to same has been prohibited by a temporary or permanent abuse prevention order; (b) the parent has been denied parenting time; or, (c) based upon a threat to the child(ren)'s safety, as specifically noted in the custody or parenting time order, the parent has been denied legal custody, or has been restricted to supervised parenting time only.

A subsequent parenting time order by the Probate and Family Court supersedes any previously issued conflicting order issued by any court department. When a Probate and Family Court judges issues an order that conflicts with an existing order, the judge must modify the existing order to resolve the inconsistency.See Guideline 12:07 Custody and Parenting Time Orders in Probate and Family Court: Amending Inconsistent c. 209A Orders.