209A Guidelines Deal with Orders that Conflict with Existing Custody and Visitation Orders

At the beginning of a 209A case in District Court*, the judge should ask you if there are any orders in effect.

If there are, the judge should ask you what the orders are and what court ordered them.

Section 1:11 of the 2011 Guidelines, page 33 says that

a District Court* can make emergency orders to protect your children even if the orders conflict with Probate and Family Court custody or visitation orders. District Courts can do this if:

1. the defendant has seriously harmed your children or threatened your children with serious harm, and
2. you cannot reach the Probate and Family Court.

The judge may issue the emergency order for "a short period of time." This is usually no more than 72 hours. It gives you time to go to the Probate and Family Court. 

The judge should write down the reasons for the order.

*District Court, Boston Municipal Court, Superior Court or, a judge on the Emergency Judicial Response System