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Middlesex County Probate  and Family Court

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Probation Department

The Probation Department of the Probate and Family Court provides a number of supportive services to the Judges of the Court in an effort to better serve the public who seek the Court's intervention in family related matters.  These services are accessed upon order and direction of the various judges of the court and include: 


Dispute Intervention

Contested matters involving custody, visitation, child support, alimony, and other child and family related issues customarily associated with divorce, paternity and guardianship are routinely referred to the Probation Department for dispute intervention.  The purpose of this process is to allow the Probation Officer: 

  • to gather facts and information

  • to assess if an agreement on the issues is possible

  • to facilitate with the cooperation of the disputing parties, if possible, an agreement acceptable to the parties of the court. 

  • to make report and recommendation to the Judge, if asked, based upon the facts which have been presented, absent an agreement on the contested issues. 

Although participation in the dispute intervention session is mandated for the purposes of information gathering, negotiation towards an agreed upon settlement is voluntary.  The Probation Officer is an impartial party and as an officer of the court is under direction of a Judge to gather this information.  The Probation Officer cannot give legal advice, make referral to specific attorneys or predict what a judge may decide, however the Probation Officer may be able to provide some realistic parameters of what a judge could order at a hearing.

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Investigations

As ordered by a Judge, a Probation Officer, shall gather sufficient information necessary to prepare a written report for the court that will allow the Judge to make an informed decision.  According to the needs of the case, a Probation Officer shall:

  • meet with parties

  • interview, when appropriate, minor children at issue

  • interview collateral sources

  • view homes, when necessary

Participation in a court ordered investigation is mandatory.

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Supervision of Parties ordered to participate in drug/alcohol screening

In instances where there are substantive allegations of drug/alcohol abuse on the part of one or both parties to the matter before the court, an order may be issued by the Judge requiring (or there may be a voluntary agreement) that the parties submit to random drug/alcohol testing as arranged by the Probation Department.  The results of this testing will provide the Judge with further information upon which decisions regarding custody and visitation can be determined.

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Supervision of Parties ordered to participate in employment searches

In instances where one or both parties are either unemployed or underemployed, an order may be issued by the judge requiring that one or both parties engage in a search for employment and report to the Probation Department on a regular basis to verify that search until appropriate employment, as determined by the court, has been obtained. 

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Resource referral information

The Probation Department maintains a finite database of information regarding resources for services such as counseling, substance abuse treatment, providers for supervised visitation and parent education courses.

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