You do not always need a hearing to change a judgment or temporary order of the Probate and Family Court. If you and the other party in the case agree about how the judgment or order should be changed, you can file your written agreement and the court can change it. You will also have to file a joint petition or motion and a proposed judgment or temporary order.
You do not need to serve a summons.
You will only have to go to a hearing if the judge orders one.
If the judge does not order a hearing, he or she will read the agreement and other papers and make a decision.
- Joint Petition/Motion To Change a Judgment or Temporary Order
- Agreement To Change a Judgment or Temporary Order
- Proposed Judgment/Temporary Order on Petition/Motion to Change
- Do not sign any agreement if you do not understand everything it says.
- Do not sign an agreement if you feel the other party is pressuring you.
- Do not sign an agreement if you think that the other party is trying to mislead you.
- If you do not understand something in an agreement, talk to a lawyer before you sign it.
This way to change a judgment or temporary order by agreement without a hearing is new. The Court started to allow people to do this August 1, 2013.