PLEADING SPECIAL MATTERS

(a) Matters involving children. Before filing any action concerning guardianship, adoption, change of name or other matters implicating custody or other parental rights of a minor child or children, the petitioner must file an affidavit with the Probate Court through which the petitioner states, under oath: (1) There are no family matters, divorce, guardianship, protection from abuse,1 grandparent visitation, guardianship, adoption, or name change cases concerning the minor child(ren) being litigated in or awaiting decision in any District Court; and 1 Although 4 M.R.S. § 152(5-A) mentions protection from harassment cases as one of the possible “proceedings involving custody or other parental rights,” a court has no authority to order parental rights and responsibilities under the protection from harassment statute. See 5 M.R.S. § 4655. (2) No proceeding involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of the minor child(ren) brought in the Probate Court has previously been transferred to the District Court. If, based on the information in the affidavit, the Register of the Probate Court is satisfied that it has jurisdiction to hear the case pursuant to 4 M.R.S. § 251-A, the petition may be filed and docketed. If, based on the information in the affidavit, the Register of the Probate Court is not satisfied that it has jurisdiction pursuant to 4 M.R.S. § 251-A, the petition shall not be accepted for filing. If the Register cannot accept the petition for filing, the Register shall tell the person attempting to file the petition that he or she should contact the local District Court for further assistance. (b) In all other matters, Rule 9 of the Maine Rules of Civil Procedure governs procedure in the Probate Courts so far as applicable.