Probate & Family Court Amends Procedures for Post-Hearing Motions

Standing Order 2-99 of the Massachusetts Probate and Family Court governs the proper procedures for submitting post-hearing Motions to the Probate and Family Court.  Per the Court's recent Press Release, amendments to this Standing Order, which took effect on July 2, 2012, clarify what types of motions may be submitted in these situations.

It had become common under the old version of the order for parties to file a Motion for Reconsideration or a Motion for Clarification after receiving an unfavorable Judgment or Order after a hearing in the Probate and Family Court.  The old rule made specific reference to these types of Motions.    However, there is no specific Massachusetts Domestic Relations Procedure Rule that allows for Motions for Reconsideration or Motions for Clarification specifically.  Under Massachusetts Domestics Relations Procedure Rule 60 a Motion for Relief from Judgment and Order may be brought, but only for very specific reasons.

The amendments to the Standing Order delete references to Motions for Reconsideration or Clarification and clarify that no new rights for relief are created by the Standing Order.  The Standing Order is only intended to set out the procedures by which relief pursuant to the Domestic Relations Procedure Rules may be sought.

View the changes to the Standing Order 2-99 highlighted here.

Who Gets Hurt when You Play Telephone with Your Kids?

YOUR KIDS GET HURT! It seems obvious, but unfortunately many couples get caught up in the emotion of divorce and lose their ability to see their actions objectively.

This is one of the reasons the Massachusetts Probate & Family Courts under Standing Order 99-1 require parents with minor children to attend the Court-sponsored Parents Apart education program. The Program discusses the impact of Divorce on children and tries to help parents understand how sending messages through children can be so damaging to children.

If you need more convincing read this Rant posted on Craigslist by a child of divorce (Warning: the rant contains strong language).

A brochure which lists the names, addresses and telephone numbers of the various organizations that provide the Parent Education program, in alphabetical order by town, is available by clicking here.