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PA Bulletin, Doc. No. 19-1550

THE COURTS

Title 255—LOCAL COURT RULES

MONTGOMERY COUNTY

Adoption of Local Rule of Civil Procedure: 1915.11-1*. Parenting Coordination; No. 2019-00001

[49 Pa.B. 6085]
[Saturday, October 19, 2019]

Order

 And Now, this 2nd day of October, 2019, the Court hereby Adopts Montgomery County Local Rule of Civil Procedure 1915.11-1*. Parenting Coordination. This Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.

By the Court

THOMAS M. DelRICCI, 
President Judge

Rule 1915.11-1*. Parenting Coordination.

 (a) Appointment of a Parenting Coordinator.

 (1) If the parties agree on the appointment of a Parenting Coordinator and/or if the Court deems one necessary, an appointment Order will be entered in accordance with Pa.R.C.P. 1915.22.

 (2) Any person acting in the capacity of a Parenting Coordinator must be on the County roster.

 (3) The roster of the Court's approved Parenting Coordinators shall be posted at www.montcopa.org/courts.

 (b) Approved Parenting Coordinators.

 An attorney or mental health professional seeking to be included on Montgomery County Court's roster of qualified individuals to serve as a Parenting Coordinator shall submit to Court Administration the following:

 (1) A letter addressed to the Administrative Judge of the Family Division.

 (2) The completed Affidavit in substantially the form set forth. The form referenced herein is available on-line at www.montcopa.org/courts.

 (3) An acknowledgment that he or she must accept at least one (1) pro bono assignment each calendar year. The minimum requirement may be adjusted periodically subject to a determination by the Administrative Judge.

 (c) Parenting Coordinator Recommendations.

 (1) Parenting Coordinator shall file their Summary and Recommendations with the Prothonotary within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.C.P. 1915.11-1(f)(2).

 (2) Parenting Coordinator shall specifically state the manner of service of their Summary and Recommendations to the parties.

 (3) Parenting Coordinator shall include the rationale for their Recommendations in the Summary and will also indicate if it requires the Court's immediate attention.

 (4) Objections to Parenting Coordinator's Recommendation(s) and a request for a Record Hearing:

 a. A party objecting to the Recommendations must file with the Prothonotary an original of their Objections and a request for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator.

 b. The Objections and Petition shall be in substantially the form set forth. The form referenced herein is available on-line at www.montcopa.org/courts.

 c. The Prothonotary shall promptly forward the Objections and Petition to the Court Administrator's Office.

 d. In the event Objections are filed, the Court shall schedule a timely proceeding.

 (5) Court Review of Parenting Coordinator's Recommendations.

 If no objections to the Parenting Coordinator's Recommendations are filed with the Prothonotary within five (5) days of service of the Summary and Recommendation, the Prothonotary shall forward the Summary and Recommendation to the Court Administrator's Office for the purpose of transmitting the same to the Family Court Judge assigned to the case for review of the Recommendation in accordance with Pa.R.C.P. 1915.11-1(f)(4).

 (d) Fees.

 Parties who request the appointment of a Parenting Coordinator, or who are identified by the Court as benefiting from the appointment of a Parenting Coordinator, shall pay the Parenting Coordinator as follows:

 (1) His or her hourly rate.

 (2) Any requirement for an initial retainer. The initial retainer shall not exceed the equivalent of five (5) hours at the Parenting Coordinator's hourly rate.

 (3) If a party has previously filed and been granted In Forma Pauperis (IFP) status by the Court, and continues to be eligible for IFP status, the Judge appointing the Parenting Coordinator shall waive the fees for the parenting coordination process.

 (e) Miscellaneous.

 (1) A Parenting Coordinator shall not be required to make a Recommendation to the Court, at their discretion, on every disputed issue raised by the parties.

 (2) The appointing Judge may reject a Recommendation from a Parenting Coordinator without a proceeding, at their discretion, if the disputed issue exceeds the authority set forth in Pa.R.C.P. 1915.11-1.

[Pa.B. Doc. No. 19-1550. Filed for public inspection October 18, 2019, 9:00 a.m.]


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