Rule 1915.3-3 - Conciliation Process(a) Request for Conciliation Conference. - After the parties have appeared for Custody Court, a Custody Conciliation Conference may be requested orally at Custody Court or thereafter by either party filing a request to schedule for conciliation. All custody matters not specifically reserved to the Court shall be scheduled for a conference before the conciliator not more than forty-five (45) days from the date of assignment by the Court.
(b) Court Ordered Participation in Conciliation - The Court on its own motion and at any time may require the parties to attend conciliation.
(c) Attendance by the Parties - All parties are mandated to be present at the Conciliation Conference unless attendance of the party is specifically waived by the Conciliator. Failure of a party to appear at the conference after proof of service has been filed by Petitioner may provide grounds for the entry of a Temporary Order by the Court upon the recommendation of the Conciliator. Conciliation shall commence at the designated time with or without counsel for the parties being present.
(d) Attendance of Children - Children shall not attend the conciliation conference unless said attendance is specifically directed by the conciliator. If a party desires the child (ren) to be present at the Conciliation Conference, he/she shall make said request in writing of the Conciliator and shall furnish a copy of said request to the other party no later than seven (7) days prior to the scheduled conference. The Conciliator shall determine the appropriateness of the request on a case-by-case basis after consultation with counsel for both parties or a pro se party.
(e) Service of Motion for Custody Conciliation and Scheduling Order - Counsel for the moving party shall serve a copy of the Scheduling Order for Conciliation upon the Respondent in accordance with Pennsylvania Rules of Civil Procedure. The petitioner shall file an Affidavit of Service verifying that the defendant was served at least ten (10) calendar days prior to the Conciliation Conference.
(f) Continuances Continuances may be granted:
(1) If the parties believe they have an agreement which has not been fully executed, by their mutual agreement and upon 1 (one) business day's notice to the Conciliator, the conciliation may be generally continued for thirty (30) days to allow the parties to execute the agreement. Said agreement shall be finalized in accordance with Local 1915.3-8. If after thirty (30) days the parties have neither presented an Agreement nor requested the conciliation to be re-scheduled, then the Conciliator will relinquish jurisdiction and a new motion and scheduling order will be required to schedule a new date for the conciliation. If before the end of the thirty day continuance it appears that the parties are unable to reach an agreement, either party may make a request that the conciliation be re-scheduled to the Conciliator.(2) If a party or counsel desires a continuance of the Conciliation Conference for any reason other than an agreement, that party shall file a motion for a continuance with the Prothonotary. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding where the circumstances for the continuance allow. The moving party shall serve said continuance and order to counsel of record or the parent, if they are proceeding unrepresented, at the last known address of record via first class mail postage pre-paid. The rescheduled date shall not be more than ninety (90) days from the date of assignment by the Court Administrator.Amended effective 5/5/2005.