Rule 1915.4-3 - Custody Conciliation ConferenceA. Upon commencement of an action for any form of legal or physical custody, or an action seeking to initiate or reinstate any proceeding to modify, terminate or otherwise affect contact between children and parties, a custody conciliation conference shall be scheduled. A conciliator shall preside at the conciliation conference.B. The conciliator shall make every effort to conduct the custody conciliation conference within forty-five (45) days after the commencement of the action. All parties and their attorneys shall attend the custody conciliation conference. Unless ordered by the Court for good cause shown, children should not be brought to the custody conciliation conference and shall not be heard on the issues of custody by the conciliator.C. The conciliator shall review the court file before the custody conciliation conference to ensure that all pleadings and documents have been properly filed by all parties, including a verification regarding any criminal record or abuse history. If a party has not filed the verification, then the conciliator shall have that party complete the verification before commencing the custody conciliation conference, and the conciliator shall ensure that the verification is filed of record after the conference.D. The conciliator shall have the ability to request that any party submit to a urine drug analysis at the custody 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 conciliator and with the consent of that party.E. To facilitate the conference process and 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 proceeding. The conciliator shall not be a witness in any custody proceedings.F. At the custody conciliation conference, the parties, counsel, and the conciliator shall make a good-faith effort to resolve the issues and reach a partial or full agreement regarding the issues. The conciliator shall conduct the conference as an informational and conciliatory proceeding rather than a confrontational or adversarial proceeding. All parties and counsel must participate in the conference in a cooperative manner and shall adhere to the directives of the conciliator. The conciliator shall attempt to mediate the differences between the parties and encourage an amicable resolution of those differences. The conciliator shall attempt to negotiate an agreement between the parties.G. If the parties reach an agreement resolving all the issues raised, the conciliator shall forward an agreed upon Order and Parenting Plan to the Court for approval. The Court may enter the agreed upon Order and Parenting Plan as a final order without hearing the parties.H. If the parties do not reach a final agreement resolving all issues raised but have reached a temporary custody agreement and do not want to proceed to a custody trial, by mutual consent of the parties, they may request the conciliator forward an agreed upon interim Order and Parenting Plan to the Court for review and entry. The case shall then be listed for subsequent custody conciliation conference at a date to be agreed upon by the parties and the conciliator. Any subsequent custody conciliation conference shall be listed as a status conference. Any agreed upon status conferences by the parties as they work towards a final resolution of the custody action shall toll timelines set forth in Pa.R.C.P. 1915.4.I. If the parties do not reach an agreement resolving all issues raised, the conciliator shall file a written report with the Court that recites the following: (1) the parties and attorneys that attended the custody conciliation conference;(2) the results of the custody conciliation conference;(3) a recommended interim custody order as to legal and physical custody matters which will govern, pending further proceedings with the Court;(4) an initial determination, subject to ultimate approval by the Court, as to the use of psychological evaluations, home study evaluations, drug and alcohol evaluations and/or treatments, co-parenting counseling, reunification counseling, the appointment of a guardian ad litem, and/or the appointment of counsel for the child(ren);(5) any recommendations regarding the need for an expedited hearing in emergency and relocation cases;(6) whether a party should not be compelled to attend a mediation orientation session because a party, or a child of a party, is or has been the subject of domestic violence or child abuse allegedly perpetrated by an opposing party at any time within the preceding twenty-four (24) months; and(7) a recommendation that the case be scheduled for a pre-trial conference and the estimated number of trial days needed.Added November 16, 2023 effective 1/2/2024.