Guidelines for Professional Parenting Time Supervisors: Section III: Court Order and Process

Section III of the Probate and Family Court's Guidelines for Professional Parenting Time Supervisors, which outlines the court order and process.

A. Procedure When Parties Agree to Supervision

A request for professionally supervised parenting time agreed to by the parties shall be in writing. 

If the parties identify a professional parenting time supervisor, the professional parenting time supervisor’s name shall be included in the agreement, along with information regarding whether the professional parenting time supervisor is on the Category AA fee generating list, and, if not on the list, how he or she is qualified to be a professional parenting time supervisor. 

In accordance with Standing Order 1 – 2023, the Guidelines apply to:

1. the appointment of a professional parenting time supervisor pursuant to an agreement by the parties to engage a professional parenting time supervisor that is approved by the Court and incorporated into an order or, in rare circumstances, incorporated and merged into a judgment; and
2. the appointment of a professional parenting time supervisor by a court order or, in rare circumstances, judgment without agreement of the parties. 

The Guidelines do not apply to an agreement to use a professional parenting time supervisor that is not incorporated into an order or incorporated and merged into a judgment. 

If the parties have not selected a particular professional parenting time supervisor, the Court shall appoint a supervisor in accordance with SJC Rule 1:07. 

Upon approving the terms of the agreement, the Court shall incorporate the agreement into an order. The Court shall also enter an Order of Appointment in accordance with SJC Rule 1:07.

B. Procedure when Parties Do Not Agree to Supervision

If the judge determines that professionally supervised parenting time should occur, the Court shall enter an order containing the specific information described below. The Court shall also enter an Order of Appointment in accordance with SJC Rule 1:07.

C. Provisions of Order of Appointment

All orders for supervised parenting time shall contain the following provisions: 

1. the reason for supervision, including any specific concerns for the safety of the parties or child(ren);
2. the type of supervision (supervised transfer or supervised parenting time);
3. the frequency and duration of visits, and restrictions on location and attendees, if any;
4. specific information about the needs of the child(ren), including, but not limited to, allergies (e.g., food, indoor, outdoor), medical conditions (e.g., asthma), and cognitive impairments;
5. the assignment of responsibility for payment;
6. whether there are reasonable accommodations to be provided for the parent and/or child(ren) due to a disability; and
7. a specific review date, unless the order requiring supervision is for a time certain. 

If the court-promulgated form is not used, all the above information must be included in the appointment order.

D. Payment for Professional Parenting Time Supervisor

1. Pursuant to G. L. c. 208, § 31A; G. L. c. 209, § 38; G. L. c. 209C, § 10 (e); and G. L. c. 209A, § 3 (d), the Court can order an abusive parent to pay for supervised parenting time without their consent. The payment for all other supervised parenting time must be agreed to by the parties. There is no authority allowing the Probate and Family Court to pay the professional parenting time supervisor. Nor is there authority to order a parent to pay for a professional parenting time supervisor over their objection, except as noted in the statutes listed above.
2. A professional parenting time supervisor may bill for the actual time of the supervised parenting time event, the intake meeting(s), and for mileage at the rate of 58.5 cents per mile for any travel over 50 miles roundtrip. Otherwise, the supervisor may not bill for travel time or expenses unrelated to the actual parenting time event. If the professional parenting time supervisor is transporting the child(ren), the parenting time event begins when the supervisor picks up the child(ren) and ends when the child(ren) have been returned to the custodial parent/guardian.
3. If a professional parenting time supervisor is required to attend a deposition or hearing at the request of a parent, then that parent who requested the deposition or hearing may be billed for that time by the professional parenting time supervisor.

E. Consistency with Domestic Violence Protective Orders

When ordering supervised parenting time, if there are domestic violence protective orders in place, the domestic violence protective orders shall be amended by the Court, if necessary, to be consistent with the order for supervised parenting time.

F. Accepting Appointment

The Court shall send the Order of Appointment to the professional parenting time supervisor. The professional parenting time supervisor shall accept the appointment as expeditiously as possible, but, in any event, within 14 days of receipt by signing and returning the completed form to the Court Liaison. 

If accepting the appointment, the professional parenting time supervisor must adhere to and have the ability to follow the Order of Appointment. 

A professional parenting time supervisor may accept an appointment on the condition that the frequency and/or duration of visits specified in the court order are limited to fit the time and capacity the supervisor has available. 

Once a supervisor has agreed to serve as a professional parenting time supervisor and until the supervision ends or the supervisor resigns or is removed, the supervisor shall be responsible for following all of the terms and conditions of the Order of Appointment.

G. Declining Appointment

If the professional parenting time supervisor cannot accept the appointment for whatever reason, including, but not limited to, having a conflict of interest, that supervisor shall within 14 days of receiving the Order of Appointment decline the appointment with the Court by returning the declination to the Court Liaison. A professional supervisor should provide the Court with a brief explanation of the reason for declining the appointment. 

A professional parenting time supervisor must refuse to accept an appointment to supervise parenting time if the supervisor cannot reasonably ensure the safety of the child(ren) and adults involved.

H. Resignation of Supervisor

If at any time after the acceptance of the appointment, the professional parenting time supervisor is no longer willing or able to act as the supervisor, the supervisor shall file a written resignation with the Court as expeditiously as possible and provide notice to the parties/attorneys.

I. Removal of Supervisor From Case

Upon motion of a party, or on its own motion, the Court may remove a professional parenting time supervisor from a case for failure or inability to comply with the conditions of appointment, because the services are no longer needed, or for good cause shown.

J. Special Considerations for Department of Revenue (DOR)/Child Support Enforcement (CSE) and G. L. c. 209A Cases

1. DOR/CSE cases

If a stipulation in a case filed by DOR/CSE and heard on a “Block Day” or a motion session includes a request or an agreement for the appointment of a professional parenting time supervisor, the stipulation cannot be allowed administratively The parties must appear before the Court, whether in person or virtually.

2. G. L. c. 209A cases

a. Ex parte requests

Any request for professionally supervised parenting time by the plaintiff that is allowed by the Court in an ex parte abuse prevention order need not comply with these Guidelines during the existence of the ex parte order only.

b. Hearing after notice 

At a hearing after notice, if the plaintiff requests supervised parenting time and the Court determines that such supervised parenting time is appropriate and that provisions have been made for the safety and wellbeing of the child(ren) and the safety of the abused parent, supervised parenting time may be ordered. When ordering supervised parenting time by an identified supervisor as part of the abuse prevention order, the name of the supervisor shall be inserted in paragraph 8 of the abuse prevention order. If the name of a supervisor is not immediately available, but the parties have agreed to supervised parenting time or the Court is ordering supervised parenting time, it is suggested that the following language be inserted in paragraph 8: “Parenting time is only allowed if a supervisor is subsequently named.” If possible, preference should be given to the appointment of a professional parenting time supervisor, rather than a nonprofessional/family member supervisor, when supervised parenting time is ordered as part of a G. L. c. 209A order.