|
This
court finds that the interests of the minor children of
parties appearing before it would be well served by
educating their parents about children's emotional needs
and the effects of divorce on child behavior and
development.
IT
IS HEREBY ORDERED THAT: 1.
All parties to a divorce action in which there are minor
children, are ordered to attend and participate in an
approved Parent Education Program (hereinafter, program)
except as herein provided. This requirement applies
to divorces brought under Ch. 208 sec. 1 (fault divorces);
and Ch. 208 secs. 1A and 1B (irretrievable breakdown) and
as ordered by a judge of this court in an action to
establish paternity, complaints for modification or
contempt or in any case involving visitation, custody, or
support of minor children. 2.
Attendance at an approved program is mandatory for parties
to such actions unless waived by the court. Parties
must register with an approved provider within sixty days
(60) days of service of the original complaint upon the
original defendant and attend the next available
session. 3.
No Pre-trial Conference or Trial will be held by the Court
until the court receives a certificate of attendance from
an approved program for each party, or waives the
requirement. An uncontested divorce hearing may be
scheduled pending attendance if the parties file
confirmations of registration with the court and so long
as both parties complete the program prior to the
hearing. A Pre-Trial Conference in a contested case
may be similarly scheduled so long as the parties complete
the program prior to the Pre-Trial Conference. 4.
The court may waive the attendance requirement upon
motion, with notice, for one or both parties.
Waivers will only be granted upon a demonstrable showing
of chronic and severe violence which negates safe parental
communication; language barriers; institutionalization or
other unavailability of a party; failure of the other
party to complete a program; unavailability of an approved
program in the county in which the original divorce
brought under Ch. 208 sec. 1 and Ch. 208 secs. 1A and 1B
was filed; or where justice otherwise indicates. 5.
Sanctions for failure to register with an approved program
within sixty (60) days of service of the original
complaint upon the original defendant may be imposed by
the court. 6.
The parties must attend programs approved by the Chief
Justice of the Probate and Family Court. Attendance
at an approved program, wherever held within the
Commonwealth, is permissible. Programs which are not
approved by the Chief Justice will not satisfy the
attendance requirement. Program vendors will ensure
that parties to an action do not attend the same session
of any program. Lists of approved programs shall be
available at all Registries of Probate and at http://www.state.ma.us/courts/courtsandjudges/courts/ probateandfamilycourt/selfhelp.html 7.
A pamphlet entitled Parent Education Programs:
Understanding the Effect of Divorce on Children, which
lists the approved program providers shall be given to the
plaintiff or his/her attorney upon the filing of a
complaint for divorce involving minor children. The
plaintiff or his/her attorney shall serve a copy of said
pamphlet along with the complaint and summons to the
person authorized by make service pursuant to
Mass.R.Dom.Rel.P. 4(c). 8.
The parties shall each pay $65.00 to the provider in
advance of the program to offset the cost of materials and
facilitators. 9.
A party may pay a reduced fee of $5.00 to the provider if
that party has submitted and had allowed an
"Affidavit of Indigency and Request for Waiver,
Substitution or State Payment of Fees and
Costs." This form is prescribed by he Chief
Justice of the Supreme Judicial Court pursuant to G.L. c.
261, sec. 27B, promulgated March, 2003 and is available at
the Registry of Probate and Family Court. The party
must submit a copy of this form to the provider when
registering for a program at a reduced fee of $5.00. 10.
Nothing herein shall be construed to limit the authority
of any Probate and Family Court justice to order parties
to attend an approved program in any case involving
visitation, custody, or support of minor children. 11.
All information submitted in compliance with the research
component of the program shall be the work product of the
Probate and Family Court Administrative Office. The
material is for research purposes only and shall not be
discoverable. Dated:
August 1, 2003 - s/Sean M. Dunphy, Chief Justice |
