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PROBATE and FAMILY COURT
PETITION FOR GUARDIANSHIP OF MINOR:
INSTRUCTIONS – HOW TO GIVE NOTICE: STANDING ORDER 04-09
In any court proceeding, “notice” is the formal method of providing information to those who
may have an interest in the proceeding.
What is Notice?
Who is entitled to Notice?
In a Guardianship of Minor Petition certain persons and entities – called “interested parties” –
are entitled to receive notice that a Petition for Guardianship of a Minor has been filed. Giving
proper notice includes providing a copy of the Petition, and a copy of the Order and Notice that
the court will give you, to the “interested parties.”
Who/what are “interested parties”?
This depends on the facts of your case. The categories of interested parties are recited in
Standing Order 04-09. In most cases, the “Interested Parties” will be the parents of the child.
Fill out the form, “Interested Parties checklist, to determine who needs to receive notice of
your Guardianship Petition.
What is the Order and Notice?
This tells you when a hearing on the Petition will be held, and what you must do in order to
properly give notice to the “interested parties.” It also tells the “interested parties” when the
hearing shall occur, and what they can do if they wish to respond to the Petition. It also
notifies all parties that the minor is entitled to counsel. And it contains a “Return of Service”
section (see below).
How do I serve the Petition and the Order and Notice?
“Serve” means to deliver. How you deliver it – or cause it to be delivered – depends on
who/what is entitled to receive it. Look at the chart on the next page. You DO NOT need to
serve it if all interested parties in your case file a consent form. More than one consent form
may be filed. If you need the sheriff or constable to serve the Petition and Order of Notice,
take a copy of the INTERESTED PARTIES checklist, and enough copies of the Petition and
Order of Notice to the sheriff or Constable, and make arrangements for service.
What do I do after I give notice?
If the sheriff or Constable has served the Petition and Order of Notice, the sheriff or
Constable must complete the RETURN OF SERVICE section. The sheriff or Constable may
return it to you or they may return it to the court and send you a copy. You are responsible
for making sure the RETURN OF SERVICE is filed with the court. There may be more
than one RETURN OF SERVICE. If you have provided service by first-class mail, then you
must complete the RETURN OF SERVICE section, and file it with the court. If you do not
show the court that all interested parties have received notice – that is, a copy of the petition
and the order for notice – your case may not be heard.
Interested party
Form of service
How Notice is Delivered
Minor (14 and over)
( If not the petitioner)
Party whose residence
is known
In hand by sheriff, Constable,
or other Person approved by
Court.
In hand by sheriff, Constable,
or other Person approved by
Court
Party whose residence is
known, but can’t serve in hand
after trying, may file Motion and
Affidavit; may get Order for
Service, then:
By mailing by first class mail to
last and usual and by sheriff
leaving at last and usual and
(or other method as ordered by
court)
How many days before
hearing*
fourteen (14) days
fourteen (14) days
fourteen (14) days
Party whose residence or
whereabouts is not known, or
cannot be ascertained with
reasonable diligence
Party whose identity is
not known
Veteran’s Administration
(Notice only required when
child receives benefits paid by
the Veteran’s Administration.)
Department of Children and
Families (Notice only required if
the agency has custody of the
child.)
by mailing first class mail to last
and usual address
fourteen (14) days
and
Court will issue an
Order for Service by
Publication; must be Published
at least one time
Court will issue an Order for
Service by Publication; must be
Published at least one time
seven (7) days
seven (7) days
by petitioner, by first-class mail
seven (7) days
by petitioner, by first-class mail
seven (7) days
* In some instances, the court will change the time period, known as a “short order of notice.”
Are there any circumstances under which I do not need to give notice?
1)
2)
3)
If an interested party files a consent to the petition, you do not need to give notice to that
party.
If a parent has signed a voluntary surrender conforming with G.L. c.210, §2, you do not
need to give notice to that parent.
If the court has terminated parental rights pursuant to G.L. c.210, §3, you do not need to
give notice to that parent.
