Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 00-1376

THE COURTS

Title 255--LOCAL
COURT RULES

FAYETTE COUNTY

Local Rule 1915.15(d) Child Custody Conciliation Fee; and Local Rule 1915 Actions for Custody, Partial Custody and Visitation of Minor Children; No. 1499 of 2000

[30 Pa.B. 4223]

Order

   And Now, this 18th day of July, 2000, it is hereby ordered that Fayette County Rule 1915.15(d) is hereby rescinded; and, pursuant to Rule 239 of the Pennsylvania Rules of Criminal Procedure, it is hereby ordered that the following Fayette County Rule 1915 be adopted as follows:

   The Prothonotary is directed as follows:

   (1)  Seven certified copies of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.

   (2)  Two certified copies of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy of the Local Rule shall be sent to the Domestic Relations Procedural Rules Committee.

   (4)  One certified copy shall be sent to the Fayette County Law Library.

   (5)  One certified copy shall be sent to the Editor of the Fayette Legal Journal.

   This Local Rule shall be continuously available for public inspection and copying in the office of the prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary shall furnish to any person a copy of any local rule.

   This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

WILLIAM J. FRANKS,   
President Judge

ACTIONS FOR CUSTODY, PARTIAL CUSTODY, AND VISITATION OF MINOR CHILDREN

Rule 1915.1.  Scope.

   (a)  This rule shall apply to any action for custody, partial custody, or visitation, whether filed as an independent cause of action or as a count in a related proceeding.

   (b)  Upon the filing of any complaint, petition, or motion relating to child custody, partial custody or visitation, in which there is no agreed-upon Order disposing of the issues, the case shall proceed in accordance with Pa.R.C.P. No. 1915.4-1, et seq., and these Rules.

Rule 1915.2.  Procedure.

   (a)  Upon motion requesting the same, the Court shall enter an Order referring the matter to a child custody mediator/hearing officer. The Prothonotary shall mail a copy of the Order to each party and counsel of record, if any. All parties must attend the conference, unless excused by the child custody mediator/hearing officer. Children need not attend, unless ordered by the Court.

   (b)  The child custody mediator/hearing officer shall conduct the conference as an informational and conciliatory proceeding. The child custody mediator/hearing officer may require any party to attend at least one session of a child custody education program, the cost of which may be assessed against a party or parties.

   (c)  The child custody mediator/hearing officer may request proposed findings of fact and conclusions of law, and shall set a schedule for their submission. Upon submission of findings of fact and conclusions of law, if any are required, or upon conclusion of the hearing where none are required, the child custody mediator/hearing officer shall make a report and recommendation to the Court, including, when necessary, a report and recommendation relating to interim or special relief including, when appropriate, the assessment of counsel fees and costs and other necessary expenses. The child custody mediator/hearing officer shall notify the parties of the filing with the Prothonotary of the report and recommendation. The notice of filing shall be made a part of the record.

   (d)  In actions for contempt, the Court shall refer the matter to the child custody mediator/hearing officer for a conference to determine whether an amicable resolution is possible. If the matter is resolved, than an order of amicable resolution of contempt shall be entered. If resolution cannot be accomplished, the mediator shall forthwith cause the parties and counsel to appear before the Court for the purpose of scheduling a hearing on the merits.

Rule 1915.3.  Fees and Costs.

   (a)  Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed-upon Order disposing of the issues, the moving party shall pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of Seventy-five ($75.00) Dollars, or shall file to proceed in forma pauperis in accordance with Pa.R.C.P. No. 240.

Rule 1915.4.  Exceptions.

   (a)  A party filing exceptions shall request and cause to be filed any transcript required and make any necessary payment or deposit therefore.

   (b)  When both parties file exceptions, the cost of the transcript shall be borne proportionately.

   (c)  Exceptions shall be presented to the Court as a routine motion in accordance with Fayette County Rule 211 and assigned for argument.

[Pa.B. Doc. No. 00-1376. Filed for public inspection August 11, 2000, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.