Guideline 13:00
Whenever a party to an active c. 209A Order appears before a justice of the Probate and Family Court Department and the justice issues a subsequent custody, parenting time, and/or support order that is inconsistent with an existing c. 209A Order, said justice must amend the active c. 209A Order, in accordance with Trial Court Administrative Order 21-3, to eliminate any conflict between the superseding order(s) and the active c. 209A Order. If such amendments are required, the Probate and Family Court judge must issue a superseding c. 209A Order which should, to the extent possible, specifically and clearly identify the amendments made to the c. 209A Order on the superseding c. 209A Order. The superseding c. 209A Order should not simply refer to an attached agreement, particularly with respect to the no contact and stay away provisions of the c. 209A Order.
The justice of the Probate and Family Court issuing the superseding c. 209A Order shall advise the party or parties appearing before said justice of the effect of the superseding c. 209A Order and explain that the superseding c. 209A Order will be immediately returned to the issuing Court, subject to further modification, extension or termination as authorized by G.L. c. 209A when a party to the order appears before the issuing court in future proceedings.
Under Trial Court Administrative Order 21-3, a Probate and Family Court judge may terminate an order in its entirety, but only at the plaintiff’s request. See Guideline 5:08 Request by the Plaintiff to Terminate Abuse Prevention Order.
Commentary
General Laws c. 209A, § 3 provides that child custody, contact, and support orders issued by the Probate and Family Court subsequent to a c. 209A order supersede inconsistent provisions of a previously issued c. 209A order. Because the Probate and Family Court order is a separate order, the c. 209A order must be amended to reflect the superseding orders. See Administrative Order 21-3.
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| Last updated: | October 20, 2025 |
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