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 139

[44 Pa.B. 5828]
[Saturday, September 13, 2014]

 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, November 7, 2014 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: 717 231-9531
E-mail: domesticrules@pacourts.us

 Deleted material is bold and [bracketed]. New material is bold.

By the Domestic Relations
Procedural Rules Committee

DAVID L. LADOV, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.3. Commencement of Action. Complaint. Order.

*  *  *  *  *

 (e) A grandparent who is not in loco parentis to the child and is seeking physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S. § 5323 must plead, in paragraph 9 of the complaint set forth at Rule 1915.15(a), facts establishing standing under § 5324(3). A grandparent or great-grandparent seeking partial physical custody or supervised physical custody must plead, in paragraph 9 of the complaint, facts establishing standing pursuant to 23 Pa.C.S. § 5325.

 (f) An unemancipated minor parent may commence, maintain or defend an action for custody of the minor parent's child without the requirement of the appointment of a guardian for the minor parent.

Rule 1915.3-2. Criminal Record or Abuse History.

 (a) Criminal Record or Abuse History Verification. [The petitioner] A party must file and serve with the complaint, [or] any petition for modification, any counterclaim, any petition for contempt or any count for custody in a divorce complaint or counterclaim a verification regarding any criminal record or abuse history of [the petitioner] that party and anyone living in [the petitioner's] that party's household. The verification shall be substantially in the form set forth in subdivision (c) below. The [petitioner] party must attach a blank verification form to a complaint, counterclaim or petition served upon the [respondent] other party. Although the [respondent] party served need not file a responsive pleading pursuant to Rule 1915.5, [the respondent] he or she must file with the court a verification regarding [any criminal] his or her own criminal record or abuse history [of the respondent] and that of anyone living in [the respondent's] his or her household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation, depending upon the procedure in the judicial district) but not later than 30 days after service of the complaint or petition [upon the respondent]. A party's failure to file a Criminal Record or Abuse History Verification may result in sanctions against that party, including a denial of custodial time with the child. Both parties shall file and serve updated verifications five days prior to trial.

*  *  *  *  *

Rule 1915.8. Physical and Mental Examination of Persons.

*  *  *  *  *

 (b) Unless otherwise directed by the court, the expert shall deliver to the court, to the attorneys of record for the parties, to any unrepresented party, and to the guardian ad litem and/or counsel for the child, if any, copies of any reports arising from the evaluation setting out the findings, results of all tests made, diagnosis and conclusions. No reports shall be filed of record or considered evidence unless and until admitted by the court. Any report which is prepared at the request of a party, with or without a court order, and which a party intends to introduce at trial, must be delivered to the court and the other party at least thirty days before trial. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross-examination by all counsel and any unrepresented party without regard to who obtains or pays for the evaluation. This subdivision does not apply to custody evaluations, which shall be delivered only to the attorneys of record for the parties, to any unrepresented party, and to the guardian ad litem and/or counsel for the child.

*  *  *  *  *

Rule 1915.12. Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order.

*  *  *  *  *

 (c) The petition shall be in substantially the following form:

(Caption)

PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER

 The Petition of ______ , respectfully represents:

 1. That on _____ , Judge ______ entered an Order awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical [cusody] custody) (sole physical custody) (supervised physical custody) of the minor child(ren)

__________________________________________________________ .

 Name(s) of Child(ren))

 A true and correct copy of the order is attached to this petition.

 2. Respondent has willfully failed to abide by the order in that __________

__________________________________________________________ .

__________________________________________________________ .

 3. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 WHEREFORE, Petitioner requests that Respondent be held in contempt of court.

         _________________
         (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

*  *  *  *  *

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

 (a) The complaint in an action for custody shall be in substantially the following form:

(Caption)
COMPLAINT FOR CUSTODY

*  *  *  *  *

 3. Plaintiff seeks (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the following child(ren):

*  *  *  *  *

 [The mother] A parent of the child is ______ , currently residing at _________________ .

 [She] This parent is (married) (divorced) (single).

 [The father] A parent of the child is ______ , currently residing at  _________________ .

 [He] This parent is (married) (divorced) (single).

*  *  *  *  *

 10. [I have] Plaintiff has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

*  *  *  *  *

 (b) A petition to modify a custody order shall be in substantially the following form:

(Caption)
PETITION FOR MODIFICATION OF A
CUSTODY ORDER

 1. The petition of ______ respectfully represents that on ______ , 20 __ an Order of Court was entered for (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody), a true and correct copy of which is attached.

 2. This Order should be modified because: ________________________

__________________________________________________________ .

__________________________________________________________ .

 3. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

 WHEREFORE, Petitioner requests that the Court modify the existing Order 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

*  *  *  *  *

Rule 1915.17. Relocation. Notice and Counter-Affidavit.

 (a) A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights must notify every other person who has custodial rights to the child and provide a counter-affidavit by which a person may agree or object. The form of the notice and counter-affidavit are set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P. No. 1930.4, no later than the sixtieth day before the date of the proposed change of residence or other time frame set forth in 23 Pa.C.S. § 5337(c)(2).

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PUBLICATION REPORT

 In early 2014, the Domestic Relations Procedural Rules Committee invited the family law bench and bar to comment on how the custody rules that became effective the previous year were working in practice. Approximately 10 comments were received and reviewed by the committee. Recommendation 139 includes suggestions the committee received in response to its outreach.

 The issues raised in the responses were varied, and many were specific to the application of the rules and statute in different counties. The committee also could not address many concerns because they involved statutory provisions, particularly those governing criminal record/abuse history and relocation.

 The proposal would require that the criminal record/abuse history verification form be filed with any complaint, counterclaim, modification or contempt petition or any custody count in a divorce complaint or counterclaim. It further provides for sanctions if a party fails to file the verification.

 A legal assistance agency requested that the committee address the rights of a minor parent to seek custody of his or her child. They recounted cases in which the courts awarded custody of the child to a grandparent or the parent/child's guardian, because the parent was a minor. The committee adopted their recommended language allowing an unemancipated minor parent to commence, defend or maintain a custody action without the requirement of a guardian.

 The committee also adopted a suggestion that custody evaluations in child custody cases not be provided to the court before trial to avoid the possibility of a court's adopting an evaluator's view without the benefit of the evaluator's testimony. This is consistent with the Pennsylvania Rules of Evidence. As to relocation, several comments suggested that the committee propose to refine the definition of ''relocation,'' but the committee declined to do so as the definition is statutory. However, for consistency, the full statutory definition is used in this recommendation. That language defines ''relocation'' as a change in the child's residence ''which significantly impairs the ability of a nonrelocating party to exercise custodial rights.''

 In light of the recent federal court decision striking down the commonwealth's ban on same-sex marriage, it was noted that the terms ''mother'' and ''father'' are included in the custody complaint form. This recommendation proposes to amend the form and replace those terms with ''parent.'' Other minor proposed amendments are simply for clarity and consistency of language.

[Pa.B. Doc. No. 14-1894. Filed for public inspection September 12, 2014, 9:00 a.m.]

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