THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CH. 1915]
Order Amending Rules 1915.11-1, 1915.11-3 and 1915.23 of the Pennsylvania Rules of Civil Procedure; No. 760 Civil Procedural Rules Docket
[55 Pa.B. 238]
[Saturday, January 11, 2025]
Order Per Curiam
And Now, this 23rd day of December, 2024, upon the recommendation of the Domestic Relations Procedural Rules Committee, the proposal having been published for public comment at 53 Pa.B. 3696 (July 15, 2023):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1915.11-1, 1915.11-23 and 1915.23 of the Pennsylvania Rules of Civil Procedure are amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective April 1, 2025.
Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and brackets.
Annex A
TITLE 231. RULES OF CIVIL PROCDURE
PART I. GENERAL
CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN (Editor's Note: Rule 1915.11-1, as printed in 231 Pa. Code reads ''Official Note'' rather than ''Note.'')
Rule 1915.11-1. Parenting Coordination.
[If a judicial district implements a parenting coordination program, the court shall maintain a roster of qualified individuals to serve as parenting coordinators and establish the hourly rate at which parenting coordinators shall be compensated. The parenting coordinator shall attempt to resolve issues arising out of the custody order by facilitating an agreement between the parties and, if unable to reach an agreement, recommend a resolution to the court.
(a) Appointment of a Parenting Coordinator.
(1) After a final custody order has been entered, a judge may appoint a parenting coordinator to resolve parenting issues in cases involving repeated or intractable conflict between the parties affecting implementation of the final custody order. A parenting coordinator should not be appointed in every case. The appointment may be made on the motion of a party or the court's motion.
(2) Unless the parties consent and appropriate safety measures are in place to protect the participants, including the parenting coordinator and other third parties, a parenting coordinator shall not be appointed if:
(i) the parties to the custody action have a protection from abuse order in effect;
(ii) the court makes a finding that a party has been the victim of domestic violence perpetrated by a party to the custody action, either during the pendency of the custody action or within 36 months preceding the filing of the custody action; or
(iii) the court makes a finding that a party to the custody action has been the victim of a personal injury crime, as defined in 23 Pa.C.S. § 3103, which was perpetrated by a party to the custody action.
(iv) If a party objects to the appointment of a parenting coordinator based on an allegation that the party has been the victim of domestic violence perpetrated by a party to the custody action, the court shall have a hearing on the issue and may consider abuse occurring beyond the 36 months provided in subdivision (a)(2)(ii).
(3) The appointment of a parenting coordinator shall be for a specified period, which shall not exceed 12 months. A party may petition the court for an extension of the appointment or the court in its discretion may extend the appointment for an additional period.
(4) If the parenting coordinator seeks to withdraw from service in a case, the parenting coordinator shall petition the court and provide a copy of the petition to the parties or the parties' attorneys.
(5) The parenting coordinator shall set forth in a separate written agreement with the parties:
(i) the amount of any retainer;
(ii) the hourly rate to be charged;
(iii) the process for invoices and payment for services;
(iv) information on the parenting coordination process; and
(v) provide a signed copy of the agreement to the parties before initiating any services.
Note: The parenting coordinator shall include in the parties' written agreement the hourly rate established by the judicial district.
(b) Qualifications of the Parenting Coordinator.
(1) A parenting coordinator shall be licensed to practice in the Commonwealth of Pennsylvania as either an attorney or a mental health professional with a master's degree or higher. At a minimum, the parenting coordinator shall have:
(i) practiced family law for five years or have five years of professional post-degree experience in psychiatry, psychology, counseling, family therapy, or other comparable behavioral or social science field; and
(ii) specialized training by a provider approved or certified by the American Psychological Association, Pennsylvania Psychological Association, American Bar Association, Pennsylvania Bar Association, Pennsylvania Bar Institute, or American Academy of Matrimonial Lawyers. The training shall include:
(A) five hours in the parenting coordination process;
(B) ten hours of family mediation;
(C) five hours of training in domestic violence; and
(D) in each two-year period after the initial appointment, ten continuing education credits on any topic related to parenting coordination with a minimum of two hours on domestic violence.
(2) An attorney or a mental health professional seeking an appointment as a parenting coordinator:
(i) shall sign an affidavit attesting that he or she has met the qualifications outlined in (b)(1);
(ii) shall submit the affidavit to the president judge or administrative judge of the judicial district where the parenting coordinator is seeking appointment; and
(iii) after submission of the initial affidavit, a parenting coordinator shall submit a new affidavit every two years attesting that he or she continues to meet the qualifications for a parenting coordinator outlined in (b)(1).
(c) Appointment Order. The parenting coordinator's authority as delineated in subdivision (d) shall be included in the order appointing the parenting coordinator, which shall be substantially in the form set forth in Pa.R.C.P. No. 1915.22.
(d) Scope of Authority of the Parenting Coordinator. The parenting coordinator shall have the authority to recommend resolutions to the court on issues related to the custody order if the parties are unable to reach an agreement.
(1) To implement the custody order and resolve related parenting issues about which the parties cannot agree, the parenting coordinator is authorized to recommend resolutions to the court about issues that include, but are not limited to:
(i) places and conditions for custodial transitions between households;
(ii) temporary variation from the custodial schedule for a special event or particular circumstance;
(iii) school issues, apart from school selection;
(iv) the child(ren)'s participation in recreation, enrichment, and extracurricular activities, including travel;
(v) child-care arrangements;
(vi) clothing, equipment, toys, and personal possessions of the child(ren);
(vii) information exchanges (e.g., school, health, social) between the parties and communication with or about the child(ren);
(viii) coordination of existing or court-ordered services for the child(ren) (e.g., psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management);
(ix) behavioral management of the child(ren); and
(x) other related custody issues that the parties mutually have agreed in writing to submit to the parenting coordinator, which are not excluded in subdivision (d)(2).
(2) The following issues are excluded from the parenting coordinator's scope of authority:
(i) a change in legal custody as set forth in the custody order;
(ii) a change in primary physical custody as set forth in the custody order;
(iii) except as set forth in subdivision (d)(1)(ii), a change in the court-ordered custody schedule that reduces or expands the child(ren)'s time with a party;
(iv) a change in the residence (relocation) of the child(ren);
(v) determination of financial issues, other than allocation of the parenting coordinator's fees as set forth in subdivision (g)(1);
(vi) major decisions affecting the health, education, or religion of the child(ren); and
(vii) other issues limited by the appointing judge.
(3) Unless the parties consent, the parenting coordinator shall not contact collateral sources or speak with the child(ren) and to effectuate this provision, the parties shall execute releases, as necessary, authorizing the parenting coordinator to communicate with the appropriate individuals. Any communication with the collateral sources or child(ren) shall be limited to the issue(s) currently before the parenting coordinator.
(e) Communications. No Testimony.
(1) Communication between the parties or the parties' attorneys and the parenting coordinator is not confidential.
(2) A party or a party's attorney may communicate in writing with the parenting coordinator, but shall contemporaneously send a copy of the written communication to the other party or the other party's attorney. Documents, recordings, or other material that one party gives to the parenting coordinator shall be promptly made available to the other party or the other party's attorney for inspection and copying.
(3) The parties and their attorneys may receive, but not initiate, oral ex parte communication with the parenting coordinator. A parenting coordinator may initiate oral communication with a party or party's attorney, but shall promptly advise the other party or the other party's attorney of the communication.
(4) Communication between the parenting coordinator and the court shall be in writing and copies of the written communication shall be sent contemporaneously to the parties or the parties' attorneys.
(5) A party cannot compel the testimony of a parenting coordinator without an order of court.
(f) Recommendations. Objecting to the Recommendation. Judicial Review. Record Hearing.
(1) The parenting coordinator shall provide to the parties notice and an opportunity to be heard on the issues.
(2) The parenting coordinator's recommendation shall be in writing on the Summary and Recommendation of the Parenting Coordinator form set forth in Pa.R.C.P. No. 1915.23 and sent to the court for review within two days after hearing from the parties on the issues. The parenting coordinator shall serve a copy of the Summary and Recommendation on the parties or the parties' attorneys.
(3) A party objecting to the recommendation shall file a petition for a record hearing before the court within five days of service of the Summary and Recommendation of the Parenting Coordinator form. The petition must specifically state the issues to be reviewed and include a demand for a record hearing. A copy of the recommendation shall be attached to the petition. In accordance with Pa.R.C.P. No. 440, the objecting party shall serve the petition on the other party or the other party's attorney and the parenting coordinator.
(4) If the parties do not file an objection within five days of service of the parenting coordinator's recommendation, the court shall:
(i) approve the recommendation;
(ii) approve the recommendation in part and conduct a record hearing on issues not approved;
(iii) remand the recommendation to the parenting coordinator for more specific information; or
(iv) not approve the recommendation and conduct a record hearing on the issues.
(5) As soon as practical, the court shall conduct a record hearing on the issues specifically set forth in the petition. The court shall render a decision within the time set forth in Pa.R.C.P. No. 1915.4(d).
(6) If a party makes a timely objection, the recommendation shall become an interim order of court pending further disposition by the court.
(g) Fees.
(1) The appointing judge shall allocate between the parties the fees of the parenting coordinator. The parenting coordinator may reallocate the fees, subject to the approval of the court, if one party has caused a disproportionate need for the services of the parenting coordinator.
(2) To limit the financial burden on the parties, a parenting coordinator should meet with the parties only upon a request of a party to resolve an issue about which the parties disagree.
(3) Waiver of fees or reduced fees. Judicial districts implementing a parenting coordination program shall effectuate a policy or program by local rule so that indigent or low-income parties may participate in the parenting coordination program at a reduced fee or no fee.]
(Editor's Note: The following text for Rule 1915.11-1 is new and is published in regular type to enhance readability.)
(The following text is entirely new.)
(a) Parenting Coordination Program.
(1) If a judicial district implements a parenting coordination program, the court shall:
(i) maintain a roster of qualified individuals to serve as parenting coordinators; and
(ii) establish the hourly rate at which parenting coordinators shall be compensated.
(2) The parenting coordinator shall:
(i) attempt to resolve issues arising out of the custody order by facilitating an agreement between the parties; and
(ii) if unable to reach an agreement, recommend a resolution to the court.
(b) Parenting Coordinator Appointment.
(1) Appointment. After a final custody order has been entered, a judge may appoint a parenting coordinator to resolve parenting issues in cases involving repeated or intractable conflict between the parties that affects the implementation of the final custody order.
(i) A parenting coordinator should not be appointed in every case.
(ii) The appointment may be made on a party's petition or the court's motion.
(2) Domestic Violence Exception. In matters that involve domestic violence, a hearing shall be held to determine if the appointment of a parenting coordinator is appropriate.
(i) Domestic violence matters include the following:
(a) the parties to the action have a protection from abuse order in effect;
(b) the court finds that a party has been the victim of domestic violence perpetrated by a party to the action, either during the pendency of the action or within 36 months preceding the filing of the action; or
(c) the court finds that a party to the action has been the victim of a personal injury crime, as defined in 23 Pa.C.S. § 3103, which was perpetrated by a party to the action.
(ii) In the hearing, the court may consider abuse occurring beyond the 36 months provided in subdivision (b)(2)(ii).
(iii) Safety measures shall be in place to protect the parties, parenting coordinator, and third parties if a parenting coordinator is appointed in these matters.
(3) Duration of Appointment.
(i) The appointment of a parenting coordinator shall be for a specified period, which shall not exceed 12 months.
(ii) A party may petition the court for an extension of the appointment or the court in its discretion may extend the appointment for an additional period.
(4) Withdrawal. If the parenting coordinator seeks to withdraw from service in a case, the parenting coordinator shall petition the court and provide a copy of the petition to the parties or the parties' attorneys.
(5) Written Agreement. The parenting coordinator shall set forth in a separate written agreement with the parties:
(i) the amount of any retainer;
(ii) the hourly rate to be charged;
(iii) the process for invoices and payment for services;
(iv) information on the parenting coordination process; and
(v) provide a signed copy of the agreement to the parties before initiating any services.
(c) Parenting Coordinator Qualifications.
(1) A parenting coordinator shall be licensed to practice in the Commonwealth of Pennsylvania as either an attorney or a mental health professional with a master's degree or higher.
(2) At a minimum, the parenting coordinator shall have:
(i) practiced family law for five years or have five years of professional post-degree experience in psychiatry, psychology, counseling, family therapy, or other comparable behavioral or social science field; and
(ii) specialized training by a provider approved or certified by the American Psychological Association, Pennsylvania Psychological Association, American Bar Association, Pennsylvania Bar Association, Pennsylvania Bar Institute, or American Academy of Matrimonial Lawyers. The training shall include:
(A) five hours in the parenting coordination process;
(B) ten hours of family mediation;
(C) five hours of training in domestic violence; and
(D) in each two-year period after the initial appointment, ten continuing education credits on any topic related to parenting coordination with a minimum of two hours on domestic violence.
(3) An attorney or a mental health professional seeking an appointment as a parenting coordinator:
(i) shall sign an affidavit attesting that he or she has met the qualifications outlined in subdivisions (c)(1) and (c)(2);
(ii) shall submit the affidavit to the president judge or administrative judge of the judicial district where the parenting coordinator is seeking appointment; and
(iii) after submission of the initial affidavit, a parenting coordinator shall submit a new affidavit every two years attesting that he or she continues to meet the qualifications for a parenting coordinator outlined in subdivisions (c)(1) and (c)(2).
(d) Appointment Order. The parenting coordinator's authority as delineated in subdivision (e) shall be included in the order appointing the parenting coordinator, which shall be substantially in the form set forth in Rule 1915.22.
(e) Scope of Authority of the Parenting Coordinator. If the parties are unable to reach an agreement, the parenting coordinator shall have the authority to recommend resolutions to the court on issues related to the custody order.
(1) Issues Included. To implement the custody order and resolve related parenting issues about which the parties cannot agree, the parenting coordinator is authorized to recommend resolutions to the court about issues that include, but are not limited to:
(i) places and conditions for custodial transitions between households;
(ii) temporary variation from the custodial schedule for a special event or particular circumstance;
(iii) school issues, apart from school selection;
(iv) the child's participation in recreation, enrichment, and extracurricular activities, including travel;
(v) child-care arrangements;
(vi) clothing, equipment, toys, and the child's personal possessions;
(vii) information exchanges (e.g., school, health, social) between the parties and communication with or about the child;
(viii) coordination of existing or court-ordered services for the child (e.g., psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management);
(ix) the child's behavioral management; and
(x) other related custody issues that the parties mutually have agreed in writing to submit to the parenting coordinator, which are not excluded in subdivision (e)(2).
(2) Excluded Issues. The following issues are excluded from the parenting coordinator's scope of authority:
(i) a change in legal custody as set forth in the custody order;
(ii) a change in primary physical custody as set forth in the custody order;
(iii) except as set forth in subdivision (e)(1)(ii), a change in the court-ordered custody schedule that reduces or expands the child's time with a party;
(iv) a change in the child's residence (relocation);
(v) determination of financial issues, other than allocation of the parenting coordinator's fees as set forth in subdivision (h)(1);
(vi) major decisions affecting the child's health, education, or religion; and
(vii) other issues limited by the appointing judge.
(3) Collateral Sources.
(i) Unless the parties consent, the parenting coordinator shall not contact collateral sources or speak with the child.
(ii) To effectuate subdivision (e)(3)(i), the parties shall execute releases, as necessary, authorizing the parenting coordinator to communicate with the appropriate individuals.
(iii) Any communication with the collateral sources or child shall be limited to the issue currently before the parenting coordinator.
(f) Communications. No Testimony.
(1) Communication between the parties or the parties' attorneys and the parenting coordinator is not confidential.
(2) Written Communication.
(i) A party or a party's attorney may communicate in writing with the parenting coordinator.
(ii) Contemporaneously with communications with the parenting coordinator as provided in subdivision (f)(2)(i), the party shall send a copy of the written communication to the other party or the other party's attorney.
(3) Documents, recordings, or other material that a party gives to the parenting coordinator shall be promptly made available to the other party or the other party's attorney for inspection and copying.
(4) Oral Communication.
(i) The parties and their attorneys may receive, but not initiate, oral ex parte communication with the parenting coordinator.
(ii) A parenting coordinator may initiate oral communication with a party or party's attorney but shall promptly advise the other party or the other party's attorney of the communication.
(5) Communication between the parenting coordinator and the court shall be in writing and copies of the written communication shall be sent contemporaneously to the parties or the parties' attorneys.
(6) A party cannot compel the testimony of a parenting coordinator without an order of court.
(g) Recommendations. Objecting to the Recommendation. Judicial Review. Record Hearing.
(1) The parenting coordinator shall provide to the parties notice and an opportunity to be heard on the issues.
(2) The parenting coordinator's recommendation shall be in writing on the Summary and Recommendation of the Parenting Coordinator form, which shall be substantially in the form set forth in Rule 1915.23.
(i) The parenting coordinator shall send the recommendation to the court for review within two days after hearing from the parties on the issues.
(ii) The parenting coordinator shall serve a copy of the recommendation on the parties or the parties' attorneys, concurrently with sending the recommendation to the court.
(iii) The parenting coordinator's recommendation shall be binding on the parties pending the court's disposition pursuant to subdivisions (g)(3) or (g)(4).
(3) A party objecting to the recommendation shall file a petition for a record hearing before the court within five days of service of the recommendation.
(i) The petition must specifically state the issues to be reviewed and include a demand for a record hearing. A copy of the recommendation shall be attached to the petition.
(ii) In accordance with Pa.R.Civ.P. 440, the objecting party shall serve the petition on the other party or the other party's attorney and the parenting coordinator.
(iii) As soon as practical, the court shall conduct a record hearing on the issues specifically set forth in the petition.
(4) If the parties do not file an objection within five days of service of the parenting coordinator's recommendation, the court shall:
(i) approve the recommendation;
(ii) approve the recommendation in part and conduct a record hearing on issues not approved;
(iii) remand the recommendation to the parenting coordinator for more specific information; or
(iv) not approve the recommendation and conduct a record hearing on the issues.
(5) The court shall render a decision within the time set forth in Rule 1915.4(d).
(6) The court's decision shall be served on the parties and the parenting coordinator.
(h) Fees.
(1) Allocation.
(i) The appointing judge shall allocate between the parties the fees of the parenting coordinator.
(ii) The parenting coordinator may reallocate the fees, subject to the approval of the court, if one party has caused a disproportionate need for the services of the parenting coordinator.
(2) Limitation. To limit the financial burden on the parties, a parenting coordinator should meet with the parties only upon a request of a party to resolve an issue about which the parties disagree.
(3) Enforcement. If one or both parties fail to pay according to the parenting coordinator's agreement, the parenting coordinator may file a recommendation with the court to order the parties to pay.
(4) Waiver of Fees or Reduced Fees. Judicial districts implementing a parenting coordination program shall effectuate a policy or program by local rule so that indigent or low-income parties may participate in the parenting coordination program at a reduced fee or no fee.
Comment: The parenting coordinator shall include in the parties' written agreement the hourly rate established by the judicial district.
(Editor's Note: Rule 1915.11-3 is new and is published in regular type to enhance readability.)
<This is an entirely new rule.>
Rule 1915.11-3. Certification of Parenting Coordination Program.
(a) Implementation. Each judicial district may determine if it will implement a parenting coordination program.
(b) Certification. The president judge or the administrative judge of the Family Division of each judicial district shall certify if the judicial district has established a parenting coordination program. The certification shall be filed with the Domestic Relations Procedural Rules Committee, and shall be substantially in the following form:
I hereby certify that ______ County has implemented a parenting coordination program in accordance with Pa.R.Civ.P. 1915.11-1.
______
______
(President Judge)
(Administrative Judge)
Comment: For a list of judicial districts having a parenting coordination program, see https://www.pacourts.us/courts/supreme-court/committees/rules-committees/domestic-relations-procedural-rules-committee.
Rule 1915.23. Form of the Summary and Recommendation of the Parenting Coordinator.
The recommendation of the parenting coordinator shall be in writing and shall be in substantially the following form:
(Caption)
SUMMARY AND RECOMMENDATION
OF THE PARENTING COORDINATORThe undersigned, the duly appointed parenting coordinator in the above-captioned matter, pursuant to the Order of Court dated ______ , 20 __ , after submission of the issue described below and after providing the parties with an opportunity to heard on the issue, the parenting coordinator sets forth the following:
SUMMARY OF THE ISSUE(S) 1. Description of the issue(s):
__________
__________2. The respective parties' position on the issue(s):
__________
____________________
__________
AGREEMENT If the parties reached an agreement, please provide the terms below:
__________
____________________
____________________
__________
RECOMMENDATION __________
____________________
____________________
__________Within five days of the date set forth below, a party may object to this recommendation by filing a petition with the court and requesting a record hearing before the judge as set forth in [Pa.R.C.P. No. 1915.11-1(f)(3)] Pa.R.Civ.P. 1915.11-1(g)(3).
The undersigned parenting coordinator certifies that this Summary and Recommendation of the Parenting Coordinator has been served on the court and the parties or the parties' attorneys on the date set forth below,
______
_________________
Date
Parenting Coordinator
ORDER OF COURT
JUDICIAL REVIEW OF PARENTING
COORDINATOR'S RECOMMENDATION[ ] The Recommendation is approved.
[ ] The Recommendation is approved in part. The issue(s) not approved by the court is/are:
__________
__________and a record hearing is scheduled for ______ , 20 ______ at __ a.m./p.m. before the undersigned.[ ] The Recommendation is remanded to the parenting coordinator for additional information on the following issue(s): __________
__________[ ] The Recommendation is not approved and a record hearing on the issue(s) is scheduled for ______ , 20 ______ at __ a.m./p.m. before the undersigned.
By the Court:
______
_________________
Date
J.
SUPREME COURT OF PENNSYLVANIA
DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE
ADOPTION REPORT
Amendment of Pa.R.Civ.P. 1915.11-1, 1915.11-3,
and 1915.23On December 23, 2024, the Supreme Court amended Pennsylvania Rules of Civil Procedure Pa.R.Civ.P. 1915.11-1, 1915.11-3, and 1915.23 governing parenting coordination. The Domestic Relations Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, cmt. The statements contained herein are those of the Committee, not the Court.
Currently, Pa.R.Civ.P. 1915.11-1(a)(2) requires both party's consent to participate in parenting coordination if there is a history of abuse between the parties. The Committee received a request to amend this rule to require only the consent of the abused party. The dual consent requirement created the opportunity for an abuser to further control a victim by withholding consent to parenting coordination, and therefore requiring more costly litigation, rather than allowing these issues to be resolved with the help of a parenting coordinator.
Additionally, the Committee received a request that the summary and recommendation form be revised to include a check box indicating whether the parties agree and space to recite the parties' agreement. Another request was to permit a parenting coordinator to file a recommendation with the court when either or both parties fail to pay the parenting coordinator. Absent such a provision, the only course of action for the parenting coordinator is to withdraw.
The Committee agreed that permitting an abuser to withhold consent to preclude the use of parenting coordination does seem to perpetuate the abuse. Accordingly, the Committee proposed amending Pa.R.Civ.P. 1915.11-1(a)(2) to remove the dual consent provision and to require that the court hold a hearing before appointing parenting coordinators in all matters that involve domestic violence. This would allow the court to determine the appropriateness of parenting coordination and ascertain if appropriate safety measures are possible. The Committee also observed that parenting coordinators are required to attend domestic violence training and should be capable of working with parties having an abuse history.
Next, the Committee acknowledged there was no uniform method for parenting coordinators to identify and submit agreements to the court. The Committee proposed amending the form in Pa.R.Civ.P. 1915.23 to include a recitation of the parties' agreement if one is reached. The revised form would allow parenting coordinators to record the parties' agreement and assist the court by having a record of the agreement for purposes of enforcement and context in any subsequent modification or special relief proceedings.
The Committee also considered methods for parenting coordinators to enforce payment of their fees. Regarding fees, Pa.R.Civ.P. 1915.11-1(g) requires allocation between the parties and requires judicial districts to implement a program whereby low income and indigent parties can participate in parenting coordination at a reduced fee or no fee. The form order for the appointment of a parenting coordinator contains a provision for the allocation of fees, requires the judicial district's established hourly fee rate be set forth in a separate agreement between the parties and the parenting coordinator, and requires the parties to pay a joint retainer. See Pa.R.Civ.P. 1915.22 (provision No. 8 (Allocation of Fees)).
The retainer requirement was intended to prevent a parenting coordinator from having to pursue payment from the parties. However, for good cause, a retainer requirement can be waived. See, e.g., Chester County Family Court Rule 1915.11-1.A(d) at 53 Pa.B. 7919 (December 23, 2023).1 Thus, there may be instances when a parenting coordinator has rendered services, but the parties have failed to pay in advance in the manner of a retainer for those services. In response, the Committee proposed amending Pa.R.Civ.P. 1915.11-1 to permit the parenting coordinator to file a recommendation with the court seeking an order compelling a recalcitrant party to pay for services rendered.
The Committee believed there would be merit in publicly providing a list of all counties that have adopted local rules related to parenting coordination. This information would assist attorneys, particularly those who have multiple county practices, in advising their clients on the availability of parenting coordination. Accordingly, the Committee proposed Pa.R.Civ.P. 1915.11-3, which would require certification by counties that have implemented parenting coordination procedures. Thereafter, the Committee would compile a list and post the list on the Committee's webpage. This approach is similar to the requirement that counties certify their conference procedures in support, custody, and divorce. See Pa.R.Civ.P. 1910.10, 1915.4-1, and 1920.55-1. Please note, unlike the rules governing conference procedures, proposed Pa.R.Civ.P. 1915.11-3 would not require judicial districts to affirmatively state that they do not have a parenting coordination program.
Within Pa.R.Civ.P. 1915.11-1, the Committee proposed adding language stating that the parenting coordinator's recommendation is binding pending the court's disposition regardless of whether objections are filed. Currently, the rule indicates that a recommendation becomes an interim order, and presumably enforceable, if a party objects and the court has not yet acted on the recommendation. The rule does not address the status of a recommendation if no objections are filed, and the court has yet to act on the recommendation. In the absence of procedural guidance, some parties or courts may interpret this omission as the parenting coordinator's recommendation having no effect until the court approves it. It seemed inconsistent for an objected-to recommendation to be enforceable but for an unobjected-to recommendation to not be enforceable.
Finally, the Committee proposed requiring that the court decision concerning a recommendation or objection be served on the parenting coordinator. Currently, there is no such requirement which may result in the parenting coordinator not being aware of the terms of the final order.
The proposal was published for comment at 53 Pa.B. 3696 (July 15, 2023). One commenter suggested that parenting coordinator qualifications include attorneys who have specialized in family law for a period of 20 years or more, without the need for specialized training. The Committee was not inclined to accept this suggestion because experience is not always an adequate substitute for specialized training. The specialized training includes not just the initial training of five hours in the parenting coordination process, ten hours of family mediation, and five hours of domestic violence, but also ten hours of continuing education in each two-year period following the initial appointment, with a minimum of two hours in domestic violence. The importance of the training requirement is heightened with the proposed possibility of parties with a domestic violence history being able to access parenting coordination.
Another commenter suggested that proposed Pa.R.Civ.P. 1915.11-1(b)(1)(ii) be revised to state: ''The appointment may be made on a party's petition or the court's motion.'' This revision would require a party to file a petition rather than a motion because there would be factual averments that require a record hearing and findings of fact by a judge. The Committee made this revision.
These amendments become effective on April 1, 2025.
[Pa.B. Doc. No. 25-30. Filed for public inspection January 10, 2025, 9:00 a.m.] _______
1 Pa.R.Civ.P. 1915.11-1(a)(5)(i) (''the amount of any retainer'') suggests that retainers are not mandated.
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