Tens of thousands of Massachusetts parents will once again be required to take a co-parenting course when negotiating parenting plans in family court.
Massachusetts began requiring such courses for divorced parents 30 years ago, but Chief Justice John D. Casey, who heads the state's probate and family courts, suspended the practice two and a half years ago. He cited, among other things, a Boston Magazine article that described how parents felt “shamed” by the state-provided curriculum. He also shared concerns about quality control, as the classes are run independently by multiple providers and are not regulated by the courts.
Starting Monday, all parents will take the same four-hour online-only course, Two Families Now, on their own time, instead of a patchwork of about 20 providers. And instead of being mandatory for all divorcing parents, it would be mandatory for all parents if they disagree with a parenting plan, regardless of whether they are divorced or never married. Couples seeking an uncontested divorce no longer have to file for divorce.
“The Probate and Family Court believes this course will help parents navigate the challenges that arise in contested custody and parenting time cases,” a representative for the court told GBH News in an email. told. “This course aims to educate parents about the negative effects of parental conflict on children and the tools that can be implemented to reduce conflict.”
The “Two Families Now” course was created several years ago and covers different ways of forming families, including LGBTQ+ families, said Adam Wendt, CEO of Trifoia, an Oregon-based educational technology company that created the course. It has been updated to represent. . Wendt said he was impressed that Massachusetts courts were forward-thinking and standardized courses so that parents received the same guidance on dealing with stressors and communicating.
“Can you just go online and type in 'Florida Divorce Course'? There are thousands of them and they're scary. Many of them are absolute and just scary,” Wendt said. , but stressed that each state has its own unique approach. “It's just reading material, it's not instructionally designed to meet people's needs. It's just a course where he pays $20, $30 to check a box.”
While many family law lawyers celebrated the reinstatement of the course, others emphasized the need for exceptions.
“Listen, that's common sense, but for many people it's not, especially when they're going through a difficult separation or when they're feeling angry,” says the immigration and domestic relations expert. says Massachusetts attorney Hannah Crispin. “So it's important to remember that the child has nothing to do with it and should be treated with love, affection and care – all the things you would expect from two parents.”
Georgiana LaFortune used the same word, “common sense.” She said there are also many parents who don't get much out of the course because she already communicates with them, such as forwarding emails about school sports and parent-teacher meetings. .
“[‘Two Families Now’] While this is a good starting point for people, it is not the end-all for every family. ”
Adam Wendt, CEO of Two Families Now creator Trifoia
She also said the fee and time commitments are not exorbitant and noted that parents who cannot afford the $49 fee can get a fee waiver.
LaFortune, a family law attorney in Massachusetts, says, “Some people feel like they're not being helpful, but they're really strong enough to communicate in the best interests of their children, even though they're divorced.'' These are people who are doing well.” We handle cases such as divorce, custody, and alimony. “When a court makes these rules, he has to create a one-size-fits-all, even though one size doesn't fit all.”
Kate Barry, a senior attorney in the family law department at Greater Boston Legal Services, is concerned about the one-size-fits-all approach. Although she often represents victims of domestic violence, she says the content of her course does not apply to such relationships.
“In the process, you're told from the beginning that if you've experienced domestic violence, this may not be right for you,” she said. “I definitely agree with that assessment.”
In his new order regarding the requirements, Mr. Casey spells out the exemptions that judges can grant: If you can't access a remote course because your parent is in prison or other reasons. Lawyers interpret this as a history of domestic violence, pointing to “behaviors and patterns of behavior that jeopardize communication between parents.” Judges may also waive courses at their discretion for any reason.
This is a change from the fall, when family courts first sought to reinstate the required courses, but lawyers expressed concern that specific exemptions from them were not set out.
Wendt stressed that the course is not intended for parents in high conflict or situations of abuse or neglect. A high-conflict parenting course is under fire in Massachusetts for its $900 course that locks parents (some of whom have restraining orders against each other) in the same room for a total of 27 hours. .
“[‘Two Families Now’] “This is a good starting point for people, but it's not the endgame for every family,” Wendt said. “The children should be the most important part. What the children need should be the most important part, not how you feel about them or what you want them to feel. .”
Barry doesn't think this is an appropriate goal for victims of domestic violence. She worries that many parents will continue to have to accept that because judges have so much discretion and perceive conflicts in different ways.
“It's very much about the idea that parents should work together for the sake of their children, that parents should communicate, co-parent, and try to improve their relationships with each other,” Barry said. Ta. “And that's not the message we want to send to domestic violence survivors.”
Some lawyers hope the course will be expanded to other languages so that clients who don't speak English or Spanish can take it. Lawyers told GBH News they hope to begin offering courses in languages popular in the Boston metropolitan area, such as Portuguese, French, Creole and Vietnamese.
According to Wendt, no further translations are currently in progress. He said it is unclear where the funding for additional language services will come from, although it is being discussed.
Lawyers agree that this course will further delay court proceedings. Parents have 60 days to complete the course after she registers, and the already slow family court case could take an additional two to three months.
The requirement goes into effect Monday after Casey issued a continuing order on Jan. 22.
