Armst. Cnty. Pa. 1915.4-3

Current through February 13, 2020
Rule 1915.4-3 - Custody Conciliation Conference
(a) All adult parties named in an action for custody, whether initiated by complaint, custody count in a divorce action, or petition for modification of custody, shall attend a custody conciliation conference scheduled by the Court Administrator. A Conciliation Conference Officer ("CCO") shall preside at the conciliation conference. Children who are the subject of the custody action shall not participate in the conciliation conference.
(b) Failure of a party to appear at the conciliation conference may result in the entry of a custody or partial custody order by the Court on the recommendation of the CCO in the absence of that party. Unless otherwise excused by the Court, the failure of the filing party to attend the conciliation conference shall result in the dismissal of the action.
(c) To encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by the parties or their attorneys at the conference shall not be admissible as evidence at a later custody hearing. The CCO shall not be a witness for or against any party.
(d) At the conciliation conference, the parties shall, under the supervision of the CCO, attempt to reach a final, comprehensive custody agreement that will then be converted to a final custody consent order to be entered by the Court.
(e) If the parties are unable to reach a comprehensive, final custody agreement, they shall attempt to reach a temporary custody agreement, which may then be entered as a temporary consent order by the Court. Temporary orders may include provisions for temporary legal or physical custody, drug and alcohol evaluations or treatment, counseling, psychological evaluations, home study evaluations, visit coaching, supervised custody, and other matters pertaining to the best interests of the subject child(ren).
(f) The CCO shall have the ability to request that any party submit to a urine drug analysis at the conciliation conference, which shall be performed with that party's consent. If a party requests that another party submit to a drug analysis, the drug analysis shall be performed at the discretion of the CCO and with the consent of that party.
(g) In all cases where a final, comprehensive custody consent agreement is not reached, the CCO shall provide a written report to the Court within five days of the conference, which may contain the following:
(1) recommendations with regard to the necessity of psychological evaluations, home study evaluations, drug and alcohol evaluations and/or treatment, co-parenting or reunification counseling, supervised custody, visit coaching, and/or the appointment of a guardian ad litem;
(2) the CCO's review of jurisdiction, venue, standing and relocation issues;
(3) progress, if any, on issues before the CCO, as well as any recommendations for temporary custody/partial custody orders, including the need for an expedited hearing in emergency and relocation cases;
(4) the scheduling of a pre-trial conference.

Adopted July 16, 2019, effective September 3, 2019

(h) Conciliation conferences shall not be continued except by written request or motion filed with the Prothonotary at least two (2) business days prior to the date scheduled. Said written request or motion must indicate whether notice of the request was made on all other parties.
(i) If the parties reach a final settlement agreement, or the case is withdrawn, prior to the conciliation conference, the filing party may request a refund of the conciliation conference free by filing a written motion with the Prothonotary requesting the same.

Armst. Cnty. Pa. 1915.4-3

Adopted May 1, 2019, effective 6/24/2019