Guideline 12:03
The court shall consider the safety and well-being of the child(ren) and the safety of the parent who has been abused when parenting time is awarded to the parent who has been abusive.
Commentary
Although psychological research and clinical experience demonstrate that by and large children fare better if allowed an ongoing relationship with both parents, the risk of harm to a child maintaining contact with a parent who has been abusive must be considered against the impact of disrupting the parent-child relationship. In any event, no contact should be allowed unless and until the safety of the child(ren) and the parent who has been abused is considered. If the court finds that parenting time is appropriate under the circumstances, it must make “explicit findings” which demonstrate that it has considered “safety and well-being of the children” when ordering parenting time. Maalouf v. Saliba, 54 Mass. App. Ct. 547, 551 (2002), citing G.L. c. 208, § 31A; Custody of Vaughn, 422 Mass. 590, 600 (1996). The court should order parenting time that maximizes the safety and well-being of the child(ren) and the safety of the parent who has been abused.
When ordering parenting time to the parent who has been abusive, the court should consider the following:
- ordering an exchange of the child(ren) to occur in a protected setting or in the presence of an appropriate third party;
- ordering parenting time supervised by an appropriate third party, visitation center or agency;
- ordering the parent who has been abusive to attend and complete, to the satisfaction of the court, an appropriate intervention 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 preceding the parenting time;
- ordering the parent who has been abusive to pay the costs of supervised parenting time;
- prohibiting overnight parenting time;
- requiring a bond from the parent who has been abusive for the return and safety of the child(ren);
- ordering an investigation, appointing a category E guardian ad litem (GAL), or attorney for the child(ren); and,
- imposing any other condition that is deemed necessary to provide for the safety and well-being of the child(ren) and the safety of the parent who has been abused.
G.L. c. 208, § 31A. See also K.A. v. T.R., 86 Mass. App. Ct. 554 (2014) (reviewing factors to be considered in determining contact with the child). The court may also consider ordering a mental health evaluation and/or treatment for substance use disorder. The court may also order enrollment in an intimate partner abuse education (IPAE) programs. See Guideline 12:02 Custody and Parenting Time Orders in Probate and Family Court: Assessment of Impact of Domestic Violence on Children.
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.”
If supervised parenting time is required, the parenting time order should also delineate the reason for the supervision and the party or parties responsible for the cost of such supervision. The obligations and authority of an individual designated to supervise parenting time should also be clearly outlined by the court.
Although the facts of the c. 209A action may indicate a one-year abuse prevention order between the parties would be appropriate, sometimes the court may need more information to determine an appropriate order relative to the child(ren). Pending an investigation, evaluation and/or evidentiary hearing, a judge should consider interim orders that prioritize child safety. Although a no contact or supervised parenting time order with the child(ren) may be appropriate at the outset, a review should be scheduled after an appropriate period of time.
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| Last updated: | October 20, 2025 |
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