As amended through June 1, 2022
Rule 1915.36 - Consent Agreements(a) When parties have reached a consent agreement concerning custody of their minor child(ren) and the appointment of a Child Custody Conference Officer is unnecessary, the party(parties) may seek to have the consent agreement approved by the Court and may submit a Court Order by using the following procedure: (1) A Custody Complaint is substantial compliance with Pa.R.C.P. 1915.15(a) shall be prepared for filing with the Prothonotary's Office,(2) The parties shall prepare and sign a Custody Consent Agreement with the appropriate order attached,(3) The Custody Complaint and the Custody Consent Agreement with proposed Order attached shall be presented to the Family Court Judge to whom the case is assigned in Motions Court for Court Approval,(4) The Custody Complaint and the Custody Consent Agreement with signed Order attached shall be filed with the Prothonotary's Office after paying the appropriate filing fees and costs, and(5) A conformed, stamped copy of the filed Custody Complaint and the Custody Consent Agreement with Order attached shall be provided to the Family Court Judge to whom the case is assigned for purposes of the Judge's record keeping.(b) If the custody issue arises from a count in a divorce complaint or counterclaim, there is no need to draft and file a custody complaint as outlined in (a) above or L-1930.27(a). Rather, the party(parties) should include the divorce case number on the proposed Order attached to the Custody Consent Agreement before presenting it to the Family Court Judge to whom the case is assigned.(c) When using these procedures, there is no condition precedent that the parties attend the Parenting Program set forth in L-1915.4.Amended effective 1/1/2022