THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1915]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 84

[36 Pa.B. 6088]
[Saturday, October 7, 2006]

   The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

   Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

   The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, January 12, 2007 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
FAX (717) 795-2175
E-mail:  patricia.miles@pacourts.us

By the Domestic Relations
Procedural Rules Committee

NANCY P. WALLITSCH, Esq.,   
Chair

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1915.  ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Rule 1915.13-1.  Modification of Custody Order.

   (a)  A petition for modification of an existing custody order shall be substantially in the form set forth in Rule 1915.15(b) and shall specifically set forth the material and substantial change in circumstances which have occurred from the date of the last order upon which the petition is based.

   (b)  The petition shall also set forth whether it involves legal custody, sole custody, physical custody, partial custody, shared custody or visitation, the specific relief requested and explain fully how the requested modification will serve the best interests and permanent welfare of the child(ren).

   (c)  Unless the court is satisfied that there has been a material and substantial change in circumstances, it will not consider the merits of the petition.

   (d)  If the trier of fact finds a material and substantial change in circumstances, it may modify the existing custody order in an appropriate manner consistent with the best interests and permanent welfare of the child(ren).

Explanatory Comment--2006

   Custody litigation is difficult and stressful, particularly for the children who are the subjects of the proceedings. The commonwealth has a duty of paramount importance to protect a child's best interests and welfare which is not served by continued relitigation of matters decided by the court and/or agreed upon by the parties, without there being a material and substantial basis for the request for change. New Rule 1915.13-1 requires that petitions for modification of existing custody orders specifically state the material and substantial change in circumstances that have occurred from the date of the last order, and that a court find such change before considering the merits of a modification petition. This amendment supersedes Karis v. Karis, 518 Pa. 601, 544 A.2d 1328 (1988), to the extent that it held that a petition for modification of a custody order does not require a showing of a substantial change in circumstances.

Rule 1915.15.  Form of Complaint. Caption. Order. Petition to Modify a Partial Custody or Visitation Order.

*      *      *      *      *

   (b)  A petition to modify a [partial] custody [or visitation] order shall be in substantially the following form:

(Caption)

PETITION FOR MODIFICATION OF A [PARTIAL] CUSTODY [OR VISITATION] ORDER

   1.  The petition of ______ respectfully represents that on ______ (date) ______ , [19 __] ______ an Order of Court was entered for (LEGAL CUSTODY) (SOLE CUSTODY) (PHYSICAL CUSTODY) (PARTIAL CUSTODY) (SHARED CUSTODY) (VISITATION), a true and correct copy of which is attached.

   2.  This Order should be modified because there has been a material and substantial change in circumstances as follows (set forth the specific facts explaining fully the material and substantial change in circumstances necessitating a modification of custody which will serve the best interests and permanent welfare of the child(ren):  __________

WHEREFORE, Petitioner requests that the Court modify the existing Order for (LEGAL CUSTODY) (SOLE CUSTODY) (PHYSICAL CUSTODY) (PARTIAL CUSTODY) (SHARED CUSTODY) (VISITATION) because it will be in the best interest of the child(ren).

______	______
(Attorney for Petitioner)	(Petitioner)

I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

______	______
Date	Petitioner

*      *      *      *      *

[Pa.B. Doc. No. 06-1960. Filed for public inspection October 6, 2006, 9:00 a.m.]

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