Rule 1915.5.B - Custody Conciliator. Conference(a) The Court shall appoint appropriate persons as custody conciliators.(b) The custody conciliator: (1) shall conciliate custody, and visitation cases filed with the court;(2) may hear contempt cases filed with the court;(3) may recommend to the court that interim temporary and final 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 scheduled for conference before the custody conciliator no sooner that ten (10) days after filing of an action. Emergency matters may be scheduled for an earlier conference on a standby basis. All parties shall be present at such conference. Failure of a party to appear at the conference may result in the entry of an 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. The custody conciliator shall not be subject to subpoena as a witness.(f)(1) An order, agreed upon by the parties or recommended by the custodyconciliator shall issue within forty-eight (48) hours of the conclusion of the conciliation conference. In the event a recommendation does not issue at the conclusion of the conference, upon letter request of counsel or the party(ies), the custody conciliator may conduct a brief conference call limited to minor issues regarding the implementation of his/her recommendation. The conciliator shall submit the order reflecting the agreement or recommendation to the Court for approval. (2)(i) Recommendations that change primary custody: The recommendation of the custody conciliator shall state whether or not the recommendation will result in a change in primary custody that is not agreed upon by the parties. The conciliator shall advise the objecting party to an Order recommending a change in primary custody that a request for stay of the entry of the recommended order shall be filed within five (5) days of the recommendation date. If no stay is filed within five (5) days, the order shall be entered. If no demand for trial is filed within ninety (90) days of the conciliation conference, the recommended order shall become a final order of court. If a request for stay is timely filed, a hearing shall be scheduled within thirty (30) days to determine if the recommended order shall be made a temporary pending trial. The party seeking the stay shall submit an order for hearing. The objecting party shall file a Demand for Trial and serve Family Court Administration no later than the date set for the hearing. A certificate of trial readiness and pretrial statement shall be filed within thirty (30) days of the filing of the demand for trial. The certificate of trial readiness and pre-trial statement shall be served upon Family Court Administration. Failure to file a timely demand for trial or certificate of trial readiness and pre-trial statement shall result in the recommendation of the conciliator being entered as a final order of court.(ii) The form of order required by C.C.R.C.P. 1915.5.B.(f)(2)(i) shall be substantially in the following form: SEE FORMS INDEX (#13)
Chest. Cnty. Ct. Comm. Plea. R. 1915.5.B
Amended effective 6/13/2022.