As amended through February 1, 2024
Rule 1915.4(a) - PROMPT DISPOSITION OF CUSTODY CASES - CONCILIATION(1) The Court shall appoint one or more person(s) as Court Conciliation Officer(s) to: (i) conciliate custody cases filed with the Court;(ii) recommend to the Court interim Orders in appropriate custody cases which shall be in the best interest of the child;(iii) recommend appointment of counsel for the child;(iv) recommend the ordering of home studies, psychologicals, or other evaluations by expert witnesses.(2) All custody matters not specifically reserved to the Court shall be promptly scheduled for a conference before the Custody Conciliation Officer. All parties shall complete the Court's custody conciliation questionnaire and attend such conference.(3) To facilitate the conciliation process and encourage frank, open, and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses shall not be admissible as evidence in Court. The Custody Conciliation Officer may not be a witness for any party.(4) More than one (1) conciliation conference may be scheduled by the Custody Conciliation Officer, as that Officer deems necessary to conciliate the matter.(5) If the parties are able to reach an agreement during the conciliation conference, the Conciliation Officer will prepare a stipulation and submit it to the parties for their signature. Upon execution of the stipulation by all parties, the Conciliation Officer will also sign indicating his or her review and shall transmit the stipulation and a proposed order to the Court for approval.(6) If at the conclusion of the conciliation process the case remains contested, the custody Conciliation Officer shall transfer the case to the Court for assignment to a Judge; except that actions for partial custody shall be assigned to a hearing officer and shall proceed in accordance with Pa.R.C.P. 1915.4-2. As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties. The report shall include such information about the case as shall be directed by the court, which may include a suggested interim order for consideration by the Court. The failure of a party to appear for conciliation will not preclude the entry of an interim order. A report by the Conciliation Officer will be filed with the Prothonotary, who shall seal the report to all except the Court and the parties.(7) If after receiving the Conciliation Officer's report, the Court orders the parties to submit to evaluations and/or studies, the parties shall promptly comply with the Court's direction regarding the payment for and scheduling of the evaluations and studies. Following receipt of the report(s) from the expert(s), the Court will promptly schedule another conference for the parties with the Conciliation Officer. If the parties reach an agreement at this conference, they may proceed in accordance with subsection (5) hereof. If no agreement is achieved, the Conciliation Officer will proceed pursuant to subsection (6) hereof and provide the Court and parties with a supplemental report.Adopted effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.