Temporary order
If the order about visitation is a "temporary order," you are still in the middle of the case. You can go back to Probate and Family Court and file a "motion" asking for a change. Write on the motion form why you and your child need the change.
Final order
If the order about visitation is a “final order,”(your case is over and you have a "judgment," you can go back to Probate and Family Court and file a Complaint for Modification. When you file a complaint for modification you are starting a new case. The new case asks the court to change the old order. You will need to show that things are very different now (there has been a “material and substantial change of circumstances”) and that your child now needs a different kind of visitation order.
If you file a Complaint for Modification, the case can take a long time. If you need the visits to change right away, you can file a Motion for Temporary Orders. Write on the motion form what you want the judge to change about visitation. You will need to show that there is some kind of emergency that makes it important to change the visits right away. For example, the other parent has started using drugs, or is being violent, or has threatened you or your child.
If you need to change or stop the visitation because of domestic violence, you can file for a 209A Protective Order in Probate and Family Court. You can ask the judge to order the other parent to stay away from your child and have no visits. If you already have a 209A Protective Order and want to change the visitation rights in it, you can file a motion to change the 209A order.
Produced by an AmeriCorps Project of Western Massachusetts Legal Services updated and revised Massachusetts Law Reform Institute Last updated October 2009