Massachusetts General Laws

Mass. Gen. Laws ch. 209B, § 11 (2026)

Custody proceedings in foreign courts; evidentiary hearings within state; transfer of information; orders to appear in foreign court; expenses

✓ current as of July 2026
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Section 11. (a) Upon request of the court of another state the courts of the commonwealth which are competent to hear custody matters may order a person in the commonwealth to appear at a hearing to adduce evidence or to produce or give evidence under other procedures available in the commonwealth or may order investigations to be made for use in a custody proceeding in another state. A certified copy of the transcript of the record of the hearing or the evidence otherwise adduced and of any investigation shall be forwarded by the clerk or register of the court to the requesting court.

(b) Upon request of the court of another state a competent court of the commonwealth may order a person in the commonwealth to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon assurance by the other state that travel and other necessary expenses will be advanced or reimbursed.

Notwithstanding any provision of this chapter to the contrary, no child shall be ordered or compelled to appear or attend such proceeding in another state when, after a hearing a judge makes a finding that there is probable cause to believe that such child may be placed in jeopardy or exposed to risk of mental or physical harm by such return to said other state.

Notes of Decisions
Cited in 4 cases, 1989–1996 · leading case: Archambault v. Archambault, 555 N.E.2d 201 (Mass. 1990).
Archambault v. Archambault, 555 N.E.2d 201 (Mass. 1990). · cites it 12× “The judge required that, before the probable cause hearing took place, all parties must submit memoranda *564 of law addressing the constitutionality of the amendment to G. L. c. 209B, § 11 (b). 1 On February 23, 1989, the guardian ad litem filed a motion in the Probate and…”
Umina v. Malbica, 538 N.E.2d 53 (Mass. App. Ct. 1989). · cites it 3× “52, there was added to G. L. c. 209B, § 11, the following paragraph: “[N]o child shall be ordered or compelled to appear or attend such proceeding in another state when, after a hearing a judge makes a finding that there is probable cause to believe that such child may be placed…”
Care & Prot. of Vivian, 652 N.E.2d 616 (Mass. 1995). · cites it 2× “See G. L. c. 209B, § 11 (b), first par. (1994 ed.”
Guardianship of Zeke, 663 N.E.2d 815 (Mass. 1996). “See G. L. c. 209B, § 11 (b) (1994 ed.). Unless Texas declines to exercise jurisdiction over the custody of Zeke, Massachusetts courts must defer to Texas.”
— Mass. Gen. Laws ch. 209B, § 11(6) — 1 case
Umina v. Malbica, 538 N.E.2d 53 (Mass. App. Ct. 1989). “52, there was added to G. L. c. 209B, § 11, the following paragraph: “[N]o child shall be ordered or compelled to appear or attend such proceeding in another state when, after a hearing a judge makes a finding that there is probable cause to believe that such child may be placed…”
— Mass. Gen. Laws ch. 209B, § 11(b) — 1 case
Umina v. Malbica, 538 N.E.2d 53 (Mass. App. Ct. 1989). “52, there was added to G. L. c. 209B, § 11, the following paragraph: “[N]o child shall be ordered or compelled to appear or attend such proceeding in another state when, after a hearing a judge makes a finding that there is probable cause to believe that such child may be placed…”
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