Rule 1915.4.A - Prompt Disposition of Custody Cases. Custody Conciliation. Relocation. Pre-Trial Status Conference and Statement. TrialI.Custody Conciliation(a) The Court shall appoint appropriate persons as custody conciliators.(b) The custody conciliator: (1) shall conduct conciliation conferences in order to assist the parties to resolve custody;(2) may hear contempt cases filed with the Court;(3) may recommend to the court that interim custody orders be entered; and(4) may recommend the appointment of counsel and/or a guardian ad litem for the child.(c) All custody matters shall be accompanied by a Notice and Order to Appear (see Form # 11) scheduled for conference before the custody conciliator no sooner than ten (10) days after filing. All parties shall be present at such conference. Absent good cause, failure of a party to appear at the conference may result in the entry of a temporary or final order in the absence of such party.(d) An appearance by counsel before the custody conciliator shall be deemed an entry of appearance on behalf of the party represented.(e) To facilitate the conciliation process and encourage frank, open and meaningful exchanges between the parties and their respective counsel all statements, except agreements made by the parties, shall not be the subject of direct or cross examination at a later hearing before the court.(f) The custody conciliator shall not be subject to subpoena as a witness.(g)(1) All agreed orders shall promptly be sent to the Court for signature.(2) If the parties are unable to reach a resolution, the Court may enter an interim order, but shall issue an order scheduling a pretrial status conference at which time all unrepresented parties and counsel shall be present.(3) All orders for custody shall include the following language: NOTICE: NEITHER PARTY SHALL RELOCATE THE CHILDREN WITHOUT PROPER CONSENT AND/OR COURT APPROVAL AS REQUIRED BY 23 Pa.C.S. § 5337. STRICT COMPLIANCE WITH 23 Pa.C.S. § 5337 (related to relocation) IS REQUIRED.
II.Pretrial Status Conference and Trial(a) A brief pretrial status conference shall be promptly scheduled consistent with the Court's calendar when there is no agreement reached at the custody conciliation.(b) Counsel and unrepresented parties shall appear for the conference, at which time possible resolution, pretrial matters and scheduling will be discussed.(c) If the matter will proceed to trial, Counsel and/or a Self-Representing Party shall fill out the Certificate of Trial Readiness at the pretrial status conference and shall file and serve on the Family Court Administrator. All parties shall leave with a copy of the Certificate of Trial Readiness. See Form 12.(d) A Pretrial Statement, (see Form 13) not to exceed three (3) pages in length, shall be filed by each party five days prior to the Pretrial Conference containing the following information: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party;(2) a concise statement of the facts;(3) a concise statement of the factual or legal issues involved, if any, including citations to applicable statutes or case law, if any;(4) a list showing the names and addresses of all witnesses each party intends to call at trial;(5) a schedule of all exhibits to be offered at trial;(7) a proposed Final Order/Parenting Plan; and(8) updated Custody Crimes Affidavit.(e) Failure to comply with the timely filing of a pre-trial statement may result in the imposition of sanctions including but not limited to exclusion of evidence at trial, fines and costs. The form Certificate of Trial Readiness as required by C.C.R.C.P. 1915.4.A.(III)(c) shall be substantially in the form found at Form 12.
Chest. Cnty. Ct. Comm. Plea. R. 1915.4.A
Amended effective 6/13/2022; amended effective 1/22/2024.Comment: In the event no demand for trial has been timely filed, the docket will automatically reflect that the Order of the Court was finalized no later than one hundred eighty (180) days after the filing of the Complaint or Petition for Modification. This rule does not apply to collateral matters not involving actual custody issues such as legal, physical, partial physical and primary physical custody.
See 23 Pa.C.S.§ 5331 for the contents of the proposed Parenting Plan.
In the event the Certificate of Readiness is filed without the Pre-Trial Statement, no hearing date will be scheduled until the Pre-Trial Statement is filed.
The demand for trial must be served upon Family Court in order for the case to be placed on the trial list.