The complexity of legal procedures involving the care and custody of children requires meticulous documentation, one of the foremost being the Ocaj 1 form, officially known as the Affidavit Disclosing Care or Custody Proceeding. This document, entrenched in the Trial Court Rules of Massachusetts, plays a pivotal role in proceedings by mandating the disclosure of comprehensive information about children whose care or custody is at issue. It urges the declarant to affirm, under penalty of perjury, the completeness and accuracy of the provided information, thereby ensuring the court has a thorough understanding of the child's or children’s care or custody background. Vital to the affidavit are details such as the name and age of the child or children involved, current and previous addresses, any previous or ongoing legal proceedings related to their custody or care, and the identification of any other individuals asserting a legal right over the child. This form, required to be filed by any party to a litigation involving child care, custody, visitation, or name change under numerous chapters of the General Laws of Massachusetts, embodies a mechanism designed to safeguard the interests of the child or children at the heart of these proceedings. It also includes provisions for keeping certain addresses confidential, particularly in cases where there is a concern for the safety of the parties involved. The conscientious completion and filing of this affidavit, supplemented with certified copies of pleadings from outside Massachusetts when applicable, lay the groundwork for fair and informed judicial decisions regarding the most suitable custodial arrangements for minor children.
| Question | Answer |
|---|---|
| Form Name | Ocaj 1 Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | affidavit care custody, affidavit disclosing care and custody, the affidavit disclosing care or custody proceeding, custody care s |
AFFIDAVIT DISCLOSING CARE OR CUSTODY PROCEEDING Pursuant to Trial Court Rule IV
TRIAL COURT OF MASSACHUSETTS
Nam e of Case _______________________
DOCKET NUMBER
BMC
________________
Division
District Court
________________
Division
Juvenile Court
________________
Division
Prob & Family Court
________________
Division
Superior Court
________________
Division
Section
1
Section
2
I, _________________________________________________ hereby declare, to the best of my knowledge,
information, and belief that all information on this form is true and complete:
The name(s) of the child(ren) whose care or custody is at issue in this case are:
A. ________________________ B. ___________________________ C. ____________________________
(LAST, FIRST) |
(LAST, FIRST) |
(LAST, FIRST) |
U se only the letter appearing in front of the child’s nam e above w hen referring to the child in com pleting the rem aining sections .
Section
3
Section
4
The party filing this affidavit may request certain addresses to be kept confidential if the address is a shelter for battered persons and their dependent child(ren, or the party filing this affidavit believes that he/she or the child(ren) are in danger of physical or emotional abuse, or the party is filing an action under G.L. c. 209A. If you believe that this provision applies to you, check the box at right, complete sections 10 and 11 on the reverse side of this page and DO NOT complete sections 4 and 5 below.
The address(es) of the
Address(es) |
Address\ |
|
CHILD |
A ____________________________________ |
______________________________________________________ |
CHILD |
B ____________________________________ |
______________________________________________________ |
CHILD |
C ____________________________________ |
______________________________________________________ |
Section
5
Section
6
My address is: _______________________________________________________________________________________
I 9 have 9 have not participated in and I 9 know 9 do not know of other care or custody proceedings involving the
Certified copies of any pleadings or determinations in a care or custody proceeding outside of Massachusetts listed in sections 7 and 8 must be filed with this affidavit unless already filed with this court or an extension for filing these documents has been granted by this court.
Section
7
The following is a list of all pending or concluded proceedings I have participated in or know if involving the care or custody of
the above named child(dren): |
|
|
[W]itness [P]arty |
||
Letter of Child |
Court |
Docket no. |
Status |
[O]ther |
[N]one |
CHILD _____ |
__________________________ |
_____________ |
_____________________________ [ |
] |
|
CHILD _____ |
__________________________ |
_____________ |
_____________________________ [ |
] |
|
CHILD _____ |
__________________________ |
_____________ |
_____________________________ [ |
] |
|
Section
8
The names and addresses of parties to care or custody proceedings involving any of the
Letter of Child |
Name of Party/Claimant |
Current (or last known) Address of Party/Claimant |
|
CHILD _____ |
_______________________________________ |
_____________________________________________ |
|
CHILD _____ |
_______________________________________ |
_____________________________________________ |
|
CHILD _____ |
_______________________________________ |
_____________________________________________ |
|
Section
9
If the box at the right is checked, this affidavit discloses the adoption of one or more of the above- nam ed child(ren) and I am requesting the court to impound this affidavit. See instructions.
This affidavit must be personally signed by the party listed in section 1 above, unless he/she is under 18 years of age or has been adjudged incompetent in which case the attorney of record must sign. A revised affidavit must be filed with the court if new information is discovered subsequent to this filing.
Signed this __________________________ day of ______________________________, 20_______ under the penalties of perjury.
X ___________________________________________________ |
_____________________________________ |
SIGNATURE OF PARTY OR ATTORNEY OF RECORD FOR JUVENILE/INCOMPETENT |
PRINTED NAME OF PERSON SIGNING |
_____________________________________________________________________________________________________________________________________________________________________
ADDRESS OF ATTORNEY OR RECORD FOR JUVENILE/INCOMPETENT
THE PARTY FILING THIS AFFIDAVIT MUST FURNISH A COPY OF IT TO ALL OTHER PARTIES TO THIS ACTION .
O C AJ
READ BEFORE COMPLETING AFFIDAVIT
A. WHAT IS AN “AFFIDAVIT DISCLOSING CARE OR CUSTODY PROCEEDING”?
It is a document signed under the penalties of perjury which lists information required by Trial Court Rule IV concerning children involved in a care or custody proceeding.
B. WHO MUST FILE THIS AFFIDAVIT?
The party to a petition (including a modification petition) or complaint involving the care,
custody, visitation, or change of name of a child pursuant to G.L. c. 119 (except delinquency actions under G.L. c. 201, G.L. c. 207, G.L. c. 208, G.L. c. 209, G.L. c. 209A, G.L. c. 209C, G.L. c. 210, or any other provision of law concerning the care or custody of a child must file this affidavit.
This affidavit must be signed by the party unless the party is under 18 years of age or has been adjudged incompetent in which case the attorney or record must sign this affidavit on behalf of the juvenile or incompetent party.
C. WHEN MUST THIS AFFIDAVIT BE FILED?
The person filing the petition or complaint must file this affidavit at the time of filing and the other party must file this affidavit with the first pleading.
This affidavit should be filed upon issuance of a CHINS petition pursuant to G.L. c. 119, not upon application for such a petition. This affidavit need not be filed if the petition or complaint is for support only.
D. WHERE MUST THIS AFFIDAVIT BE FILED?
The completed affidavit must be filed, in person or by mail, with the
E. WHEN MUST A REVISED AFFIDAVIT BE FILED?
A revised affidavit must be filed with the
F. WHAT MUST BE FILED AS PART OF THIS AFFIDAVIT?
Certified copies of each pleading and of any determination entered in a foreign county or in a state other than Massachusetts must be filed with this affidavit unless these documents are on file with the court in this case, or an extension has been granted by the court for filing these documents.
INSTRUCTIONS FOR COMPLETING AFFIDAVIT
When completing this affidavit if additional space is needed for any of the sections, attach a separate sheet which includes your name (printed), the docket number and the sections to which you are referring. You must also sign and date the sheet.
The party filing this affidavit must complete the section entitles “Name of Case” and indicate the Court Department and Division in which the case is being brought. The docket number should be also be listed, if known.
DO NOT COMPLETE SECTIONS 2, 3, 4, 8 AND 10 IF THIS IS AFFIDAVIT IS BRING FILED WITH A PETITION FOR ADOPTION.
Section 1 You must print your first and last name. If this affidavit is filed by an attorney on behalf of an incompetent person or a juvenile, the name of the party on which behalf this affidavit is being completed must be listed.
Section 2List the names of all child(ren) involved in this care or custody proceeding. All future references to the child(ren) listed in this section should be with the letter in front of the child’s name (e.g. If John Smith is listed next to the letter A, all references to John Smith will be as Child A).
Section 3Check the box if this section applies to you. If this box is checked, do not complete Sections 4 and 5. You must complete Sections 10 and 11 on the reverse side of page 1.
Sections 4 & 5 List the present and all prior addresses during the last two years of the
Section 6Check the appropriate box.
Section 7 List all pending or concluded proceedings which you have participated in or know of involving the care or custody of the child(ren) named in this affidavit. Indicate the letter of the child; the court in which the case was heard, the docket number, the person(s) to whom custody was awarded, and the date of the award, and the nature of your participation in the proceeding by listing “W” for witness, “P” for party, “O” for other or “N” for none. If specific information required in this section is not known, you or your attorney should contact the court where the case was heard to obtain such information.
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In the case of a petition for adoption, list all information except the person(s) to whom custody was awarded, the |
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date of the award and the nature of your participation. Under the heading “Status of Case”, indicate type of case. |
Section 8 |
List the name(s) and current residential address(es), if known, otherwise the last known address(es) of parties to care or |
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custody proceedings or persons claiming a legal right to the above named child(ren) during the last two years. Do not |
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include yourself. |
Section 9 |
Check this box if this affidavit discloses the adoption of a child and you are requesting the court to impound this affidavit. |
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If this provision is applicable, you should contact the |
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appropriate motion to be filed. |
Section |
COMPLETE ONLY IF YOU CHECKED THE BOX IN SECTION 3. |
10 & 11 |
List the present and all prior addresses during the last two years of the child(ren) listed in Section 2 of this affidavit and your |
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present address. If legal custody of a child has been awarded to a social service agency, list the name and address of the |
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agency with legal custody. |
Section 12 |
List the attorneys and guardians ad litem/investigators previously appointed in Section 7. |
SignatureThe party listed in Section 1 must date and sign this affidavit except for an incompetent or juvenile, in which case the attorney of record on behalf of the juvenile or incompetent party must date and sign this affidavit and print his/her name and address. TH S AFFID AV IT M U S T
B E FILE D W ITH TH E C O U R T AN D A C O PY FU R NIS HE D B Y TH E P AR TY FILIN G IT TO ALL O TH ER PAR TIE S TO TH E AC TIO N .