Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 6:05A

The District Court, Boston Municipal Court, and Superior Court are authorized to award the plaintiff temporary custody of a minor child pursuant to c. 209A. A plaintiff cannot be awarded custody pursuant to c. 209A when a third party has custody of the minor child(ren).

If issuing a custody order that is inconsistent with an existing custody order by the Probate and Family Court, the court issuing the conflicting order must provide a copy of the order to the Probate and Family Court Department that issued the prior or pending custody order. Such order may be superseded by a subsequent custody order issued by the Probate and Family Court Department, which shall retain final jurisdiction over any custody order.SeeGuideline 1:11 Plaintiff's Requested Order Will Contradict Existing Probate and Family Court Order.

More often, the inconsistent order will not be a conflicting custody order, but rather a no contact order that would affect parenting time rights.SeeGuideline 6:06 Parenting Time Orders Exclusive to Probate and Family Court.

Upon the issuance of a custody order that is inconsistent with an existing order issued by the Probate and Family Court, follow the procedure set forth in Guideline 1:11 Plaintiff's Requested Order Will Contradict Existing Probate and Family Court Order.