Mass. Trial Ct. Standing Order Trial Court Order of Assignment

Order

Pursuant to G.L. c. 211B, § 9, and to promote the speedy disposition of cases, all justices appointed or assigned to the Juvenile Court Department are hereby authorized and assigned to sit as justices of the Probate and Family Court Department for the limited and sole purpose of issuing temporary custody orders whenever: (1) an action requesting an initial custody order or modification of an existing custody order or judgment is pending in Probate and Family Court; and (2) a Care and Protection matter involving the same parents and child(ren) is simultaneously pending in Juvenile Court. This assignment is limited to the specific initial custody or modification action and shall take effect when: (1) the Department of Children and Families states on the record in the Care and Protection matter that there are no child protection concerns with regard to the non-custodial parent; and (2) the Department of Children and Families files or assents to a motion to dismiss in the Care and Protection matter based on the child’s placement with the non-custodial parent. Final determinations of child support, parenting time and custody shall be determined in the Probate and Family Court.