RULES FOR THE FAMILY DIVISION OF THE MAINE DISTRICT COURT

Last Reviewed and Edited, June 27, 2005

Includes Amendments effective August 17, 2004

RULES FOR THE FAMILY DIVISION OF THE MAINE DISTRICT COURT

I. SCOPE AND AUTHORITY

A. Establishment of Family Division. Pursuant to 4 M.R.S.A. § 183, a Family Division is established within the Maine District Court. The Family Division has jurisdiction over the following matters: divorce, annulment, judicial separation, parental rights and responsibilities, paternity, child support, including cases brought under the Uniform Interstate Family Support Act, emancipations, visitation rights of grandparents, child protection, protection from abuse actions, cases brought under the Maine Juvenile Code, and any post-judgment motions arising from these actions. Eight Family Case Management Officers (CMOs) are permanently assigned to the Family Division. To achieve statewide coverage, the Chief Judge of the District Court shall assign CMOs to serve in designated regions. Notwithstanding these assignments, a CMO may serve at any District Court location without the necessity of a formal order of cross-assignment. All District Court judges shall serve in the Family Division. The Chief Judge may assign judges to preside in designated regions.

B. Calendars. The Family Division shall have a Domestic Relations Calendar, a Child Protection Calendar, a Protection from Abuse Calendar, and a Juvenile Calendar. The Domestic Relations Calendar includes divorce, judicial separation, parental rights and responsibilities, paternity, and child support actions and such other matters subject to the jurisdiction of the Family Division that the Chief Judge designates. Judges and Family Case Management Officers shall handle matters on the Domestic Relations Calendar. The Child Protection Calendar includes proceedings brought under Title 22 of the Maine Revised Statutes. The Protection from Abuse Calendar includes proceedings brought under Title 19-A, chapter 101. The Juvenile Calendar includes proceedings brought under Title 15. Only judges shall preside over matters on the Child Protection, Protection from Abuse and Juvenile Calendars, except that a judge may refer a protection from abuse or child protection case to a CMO for a decision on child support.

C. Family Case Management Officers. In all proceedings on the Domestic Relations Calendar involving minor children, Family Case Management Officers (CMOs) shall have authority to: conduct case management conferences, issue case management and pretrial orders, issue interim child support orders and other interim orders, issue final orders establishing or modifying child support, and issue orders in child support enforcement actions. In an uncontested proceeding or with the consent of the parties, CMOs may hear and decide other matters and may issue divorce judgments, paternity judgments, judicial separation decrees, and interim and final orders establishing parental rights and responsibilities. Nothing in these rules shall prohibit a judge from managing a case as provided for in these rules and any policies or procedures issued to implement them.

II. MISSION AND GOALS

A. Mission. The Family Division's mission shall be to "provide a system of justice that is responsive to the needs of families and the support of their children." 4 M.R.S.A. § 183.

B. Goals. The goals of the Family Division are:

1. To promote a timely resolution of family cases.

2. To address promptly the establishment or modification of child support and to promptly enforce compliance with support orders and all other orders in family cases.

3. To provide effective case management for family cases involving children.

4. To facilitate parenting arrangements in the best interest of children at an early stage in the proceedings.

5. To promote education for the parties about parenting issues and to inform litigants about community services available to help them address family problems.

6. To provide court users with a better understanding of court processes.

7. To identify domestic relations cases in which there is domestic abuse or a power imbalance in order to protect children and adults and to ensure a fair resolution of the case.

8. To promote civility in divorce and other family law proceedings.

9. To minimize the harm to children caused by family law cases.

10. To make appropriate referrals to alternative dispute resolution services.

III. DOMESTIC RELATIONS CALENDAR

A. Case Management

1. Case Management Conferences. Whenever a complaint or motion is filed in any proceeding involving minor children over which a Case Management Officer has jurisdiction, the parties and their counsel are required to attend a case management conference with a CMO. The parties should expect matters such as the following to be discussed at the initial conference or any subsequent conference: issues in dispute, interim arrangements for the children, including residence, parent/child contact, health insurance and support, interim responsibility for payment of periodic debts, interim spousal support, mediation, deadlines for moving the case to resolution, exchange or disclosure of information, evidentiary matters to be resolved prior to trial, responsibility for payment of fees, including attorney fees, the need for one or both parties to participate in an educational program, paternity testing, the appointment of a guardian ad litem, a psychological evaluation, an investigation by the Dept. of Human Services pursuant to 19-A M.R.S.A. § 905, a job search, a pretrial or status conference, an uncontested hearing date, and other matters pertinent to the case. Following the conference, the CMO will enter a case management order that will determine the course of the proceedings.

In appropriate circumstances, a CMO may dispense with a conference and set the matter promptly for hearing, may enter agreements on the record at the conference, may hold a hearing immediately following the conference, or may advise the parties the matter will be referred to a judge or placed on a judicial calendar. A CMO may schedule additional case management conferences as needed.

2. Child Support Affidavits. The parties must exchange and file with the court clerk completed child support affidavits. Except for actions initiated by the Department of Human Services pursuant to 19-A M.R.S.A. §§ 1551 et seq., 1601 et seq., and 1652, the plaintiff or moving party shall serve and file a completed affidavit with the complaint or motion. If the Department of Human Services initiates a modification of a support order pursuant to 19-A M.R.S.A. § 2009 and is unable to secure the affidavit of a custodial parent who is in receipt of public assistance, the Department may submit an affidavit based upon its information and belief regarding the custodial parent's income. A court clerk shall refuse incomplete filings. The defendant or responding party shall serve and file a completed affidavit with the response or entry of appearance. In all other respects, the service and filing of the pleadings and other documents with the court is governed by the Maine Rules of Civil Procedure which assure that the opposing party gets a copy.

3. Notice of Conference. Except for motions filed pursuant to 19-A M.R.S.A. § 2009, the parties will be notified of the date and time of the case management conference within two weeks after the filing in court of the proof of service of the complaint or motion. The conference will be held after the time for filing a response has passed. When a motion is filed pursuant to section 2009, the clerk will schedule a conference after receiving a response to the motion. If there is no response, a conference will not be scheduled, and the court will proceed in accordance with the provisions of section 2009.

4. Requests to Reschedule. Requests to reschedule a conference must be in writing and may be granted for good cause shown. An agreement of the parties to continue and an assurance that the children's needs are being met constitutes good cause.

5. Waiver of Conference.

a. Complaint. Instead of attending an initial case management conference following the filing of a complaint, the parties may file a certificate stating that they have reached a temporary agreement on all issues relating to the children. The certificate must be signed by both parties or their attorneys, indicate what issues, if any, remain unresolved in the case, and include a date for a status conference or a final hearing not to exceed 90 days from the date of the certificate. The parties are responsible for obtaining a date from the court. With the certificate, the parties must submit for the CMO's review child support affidavits, worksheets, a written agreement on parental rights and responsibilities that addresses the children's residence, support or maintenance, and parent-child contact, and if an interim order is requested, a proposed order incorporating the terms of the agreement. The CMO may require the parties to attend a case management conference if the agreement appears inequitable on its face, provides for a deviation from the Child Support Guidelines, there is a history of domestic abuse, or for any other reason. On the written representation of either party that the agreement is not being followed, a case management conference will be scheduled.

b. Post-judgment Motions. Instead of attending a case management conference on a post-judgment motion, the parties may file a certificate stating that the motion is unopposed or the parties have reached an agreement. The certificate must be signed by both parties under oath, state that no hearing is necessary, and be accompanied by a stipulated order. When the proceeding is a motion to modify child support and the responding party does not request a hearing, the conference may be waived and the CMO may enter an order pursuant to 19-A M.R.S.A. § 2009(6).

B. Interim Relief

1. Interim Orders Without Hearing. At a case management conference, a CMO may enter interim orders with the consent of the parties or when a party is in default. Whether or not the parties agree, a CMO may enter a case management order. At the initial case management conference, the parties shall be advised of their right to have a judge determine interim parental rights and responsibilities. To exercise this right, a party must file a written request with the court clerk either before or at the time of the conference. In the absence of such a written request, the parties' consent will be presumed, and a CMO may determine interim parental rights and responsibilities.

2. Mediation. When the parties cannot reach an interim agreement on all issues, mediation shall be promptly scheduled. The CMO may waive the required mediation for good cause shown. An agreement reached through mediation shall be reviewed by a CMO. If approved, it shall be entered as an interim order.

3. Interim Orders After Hearing. If, after mediation, the parties have not reached an interim agreement, the CMO shall conduct a hearing on the contested issues and enter an interim order. In any case in which a party has exercised the right to have a judge decide interim parental rights and responsibilities other than child support, the matter shall be promptly scheduled for a conference or hearing before a judge.

C. Proceedings After Entry of Interim Order

1. Uncontested Proceedings. If there are no issues in dispute following the entry of an interim order, the case shall be scheduled for final hearing before a CMO or a judge.

2. Contested Proceedings. When issues remain in dispute, the case shall be referred to mediation, unless mediation occurred prior to a contested hearing on interim issues. On motion supported by affidavit, mediation may be waived for extraordinary cause shown. In the discretion of the CMO, a matter previously mediated may be referred to mediation again.

a. If the issues are resolved by mediation, the case shall be scheduled for a final, uncontested hearing before a CMO or a judge.

b. When issues remain in dispute, the case shall be scheduled for a final, contested hearing. If child support is the only contested issue, the matter shall be scheduled before a CMO. When other issues are in dispute, a judge shall preside at the final hearing.

D. Post-Judgment Proceedings

1. Motions to Modify. The case management process set forth in these rules shall be used for motions to modify.

2. Motions to Enforce. A motion to enforce a judgment or order shall be addressed in a timely manner. To accomplish this, a CMO may dispense with a case management conference and proceed directly to hearing, may hear the matter at the conclusion of a conference, or may refer the case for prompt scheduling on a judicial calendar.

3. Contempt. Contempt proceedings shall be conducted by a judge in accordance with 14 M.R.S.A. § 252, M.R. Civ. P. 66 and M.R. Crim. P. 42.

E. Hearings Conducted by CMOs

Except as otherwise provided in these rules, the Maine Rules of Civil Procedure and Maine Rules of Evidence shall govern proceedings conducted by CMOs. A CMO shall take the testimony of witnesses under oath and shall rule on the admissibility of evidence. On the request of a party or in the discretion of the CMO, contested hearings shall be tape-recorded.

F. Final Orders

1. Child support. A CMO may enter final orders relating to child support, including orders to establish, modify or enforce child support obligations, whether or not the matter is contested.

2. Other matters. A CMO may enter final judgments or orders on other issues by agreement of the parties or when the matter is unopposed. A CMO may review and approve or reject a settlement agreement. When rejecting a settlement agreement, a CMO may refer the parties to mediation or direct them to proceed to a case management conference or trial before a judge.

G. Appeal of CMO Orders.

1. Case Management and Interim Orders. A CMO's case management and interim orders are effective when signed and remain effective until a final order is signed. An interim order does not constitute the law of the case, and the issues may be decided de novo at the final hearing. A CMO's order is enforceable as an order of the court and is entitled to full faith and credit.

2. Final Orders. Any party who wishes to appeal a CMO's final order shall file an objection to the final order in the District Court within 21 days of the entry of that order. If no objection is filed, the parties are deemed to have waived their right to object and to appeal, and the CMO's final order shall become the judgment of the court and have the same effect as any final judgment signed by a District Court judge.

a. The objection must specifically state the grounds alleged for rejecting or modifying the order. If a party fails to comply with these requirements, the objection may be dismissed with prejudice. An objection shall not be dismissed solely because it is erroneously captioned as a "motion," "appeal," "notice of appeal" or some other form of pleading.

b. When an objection is filed, a judge shall review the record established before the CMO with or without a hearing and may adopt, modify or reject the order, may set the matter for further hearing before a judge or CMO or recommit it with instructions.

c. A CMO's order relating to the care, custody and support of minor children or to the separate support or personal liberty of a person is effective when signed and remains in effect until modified or rejected by a judge.

d. Every written final order of a CMO shall state that the parties have a right to object to the CMO's final order and the consequences if the parties fail to object.

3. Appeals. An appeal from a judgment entered after objection to a final order of a CMO pursuant to these rules shall be taken in accordance with the Maine Rules of Appellate Procedure. No appeal may be taken from a judgment entered without objection to the final order of a CMO.

4. Waiver of Rights. The parties may waive their right to object and request immediate confirmation of a CMO's final order. They may also waive their right to appeal.

H. Sanctions.

1. Failure to Appear. If a party fails to appear at a case management, pretrial or status conference, hearing or mediation, without good cause, the party's complaint, motion or other pleading may be dismissed by the CMO with or without prejudice. In addition, the CMO may issue an interim, status conference or pretrial order, a default, or a default judgment. Costs may be taxed as allowed by the Maine Rules of Civil Procedure, as well as the cost of mediation as reported by the mediator, and reasonable attorney's fees.

2. Failure to File Child Support Affidavit. A child support order will be entered notwithstanding a party's failure to file a child support affidavit. If a party fails to file a child support affidavit without good cause, the CMO or the court may do any of the following:

a. Set that party's gross income in accordance with:

(1) Minimum wages for a 40-hour work week;

(2) Maine Department of Labor statistics;

(3) An affidavit submitted by or testimony of the opposing party; or

(4) Information included in that party's most recent federal income tax return.

b. Enter an order requiring that party to release all requested information to a CMO, a Judicial Department financial screener, or the court. Failure to comply with the order may result in a finding of contempt punishable by a fine or jail sentence.

c. Award attorney fees.

I. Effective Date. The rules governing the District Court's Domestic Relations Calendar shall apply to all new actions and post-judgment motions filed on or after April 6, 1998. By agreement of the parties or upon order of the court, a matter pending on April 6, 1998, may be placed on the Domestic Relations Calendar.

J. Inconsistency with the Maine Rules of Civil Procedure. To the extent there is any inconsistency between the Family Division Rules and the Maine Rules of Civil Procedure, the Family Division Rules shall govern all proceedings on the Domestic Relations Calendar.

K. Confidentiality. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed by the Clerk and not disclosed to the other party or to the general public. Disclosure may be ordered after a hearing in which the court takes into consideration the health, safety and liberty of the party or child and determines that the disclosure is in the interest of justice. District Court Judges and Case Management Officers are authorized to enter any orders in furtherance of the purposes of this section.

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