3 Divorce and custody rule changes: mandatory parent education; parenting plan; and parenting conference; 94 CIV 102

LACKAWANNA COUNTY

Divorce and Custody Rule Changes: Mandatory Parent Education; Parenting Plan; and Parenting Conference; 94 CIV 102

[27 Pa.B. 12]

Order Supplementing the Lackawanna County Rules Relating to Divorce and Custody/Visitation

   Now, this 11th day of December, 1996, we hereby Order that the following sections shall supplement the appropriate Lackawanna County Rules of Civil Procedure. Through these changes we intend to: (1) provide for the best interests of minor children by effecting more efficient and reasonable resolution of disputes regarding those children; (2) assure that parents are better educated about how to help their children cope with divorce and separation; (3) provide families with efficient, swift, and timely relief in custody and support conflicts; and, (4) give parents an alternative choice other than litigation.

   We direct the Lackawanna County Court Administrator to file seven (7) certified copies of this Rule with the Administrative Office of the Pennsylvania Courts; send two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) certified copy to the Domestic Relations Committee; and, one (1) copy to the Lackawanna Jurist. The rule changes shall be effective thirty (30) days from publication in the Pennsylvania Bulletin.

By the Court

JAMES J. WALSH,   
President Judge

Rule 1915.  Custody.

I.  Rule 1915.1.  Scope; Definitions.

   1.  ''Kids First.'' A four hour orientation and education program established to help parents understand the effects of their actions and parenting decisions on their lives and the lives of their children.

   2.  ''Mediation.'' An elective process which allows parents, with the help of a skilled and neutral mediator, to negotiate their differences. A mediator is a trained professional who works with parents in a safe, structured environment to help them develop an agreement on a detailed parenting plan. The mediator can help parents articulate their positions in a way that helps the parents reach their own resolution. The mediator should also help parents put the interests of their children first and help parents develop conflict resolution skills. We feel very strongly that parents who negotiate their parental responsibilities through mediation will be much more satisfied with the process and the outcome than those who choose to proceed through the litigation process.

   3.  ''Parenting Conference.'' A fast-tract session under the auspices of a master appointed by the court. Both parents and their attorney must attend. The parents must complete a parenting plan and file it two days prior to the parenting conference.

   4.  ''Parenting Plan.'' The court requires parents to attempt to complete a parenting plan prior to attending the parenting conference. A parenting plan is a written description of what the parent believes would be the best residential living arrangement for his/her child/children. The plan should also reflect parental decision making and parenting time. The process of developing the parenting plan will help parents think through and address issues that are important to their continual relationship with their children.

II.  Rule 1915.3.  Prosecution of Action.

   1.  In addition to the information required by Pa.R.C.P. 1915.15, every Complaint for Custody, Partial Custody, or Visitation shall contain the following averments:

   (a)  ''Plaintiff has been advised of the requirement to attend the seminar entitled 'Kids First'.''

   (b)  ''Defendant has been advised of the requirement to attend the seminar entitled 'Kids First'.''

   2.  A completed order shall be attached to the complaint which includes the dates of the Kids First seminar(s) and the parenting conference. [See Rule 1915.15(a)].

   3.  Both parents must attend Kids First within twenty (20) days of the initial filing.

III.  Rule 1915.3a.  Kids First/Parenting Conference.

   1.  The Court Administrator will provide the dates for the Kids First seminar and the Parenting Conference at the time of the filing of the Custody and/or Divorce Complaint.

   2.  Brochures and registration forms will be available from both the Clerk of Judicial Records and Court Administrator.

   3.  The moving party is responsible for ensuring that the opposing party receives both the Kids First Brochure and the registration form.

   4.  The parents must submit the registration form and payment for Kids First no later than three (3) days prior to the Parenting Conference.

   5.  Parents residing outside of Lackawanna County may contact the presenter for possible alternative programs if unable to attend Kids First.

   6.  The Court has authorized the seminar presenter to approve individual changes to the Kids First registration, only upon a showing of good cause.

   7.  Parents must attend the Kids First and the Parenting Conference. A parent's visitation or custody may be affected by their failure to comply.

   8.  Parents proceeding in forma pauperis or on public assistance must provide proof of such to the presenter.

   9.  Upon successful completion of the Kids First seminar, the presenter will issue a certification of completion to the parties, and provide the Clerk of Judicial Records with a seal of completion which shall be affixed by the Clerk of Judicial Records to the front inside cover of the file.

   10.  The presenter shall provide the Family Court with a list of non-attendees against whom the Court may issue contempt proceedings.

   11.  Parenting conferences will be held every Tuesday on the Third Floor of the Courthouse before Masters appointed by the Court. Parents MUST attend the conference within ten (10) days of Kids First.

   12.  The parenting conference will not be rescheduled without prior Court approval, and only in an emergency situation with proof.

   13.  At least two (2) days prior to the parenting conference, the parents MUST complete and file a ''Parenting Plan'' with both the Clerk of Judicial Records and the Court Administrator, and serve the opposing party by mail.

   14.  The Court shall appoint an attorney(s) who is duly licensed to practice law in the Commonwealth of Pennsylvania, as an official of the Court who may:

   (a)  conciliate custody cases filed with the Court which specifically includes meeting with the parties, counsel, and children, if appropriate;

   (b)  take limited testimony, if necessary; and,

   (c)  issue recommendations for temporary relief and any additional actions which the Masters deem appropriate. The Court shall immediately approve such orders.

   15.  Both parents and their attorneys, if represented, MUST attend the parenting conference.

   16.  If the parents agree on a parenting plan, at or prior to the conference, the plan may be entered as an order of Court effective the date of conference.

   17.  If the parents cannot reach an agreement at the conference, the Master will issue a recommendation which will serve as the temporary order, and remain in effect until further order of Court.

   18.  During the conference, the parents will receive information regarding mediation. If desired by the parties, the parents may choose an appropriate mediator from a provided list, or the Court may appoint the mediator.

   19.  If the parents choose not to mediate, but litigate, the attorneys and/or pro se litigant MUST discuss the need for a home study, psychologicals, drug and alcohol testing and guardian ad litem within ten (10) days of the conference. [See Rule 1915.15(b)].

   20.  In addition, if the parties choose to litigate, they MUST file a Pre-Hearing Certificate of Readiness [See Rule 1915.15(b)] with both the Clerk of Judicial Records and the Court Administrator.

   21.  The moving party must file, with both the Clerk of Judicial Records and the Court Administrator, a Certificate of Service showing service of the Certificate of Readiness upon opposing counsel or pro se litigant.

   22.  The Certificate of Readiness shall contain the following language:

''FAILURE TO RESPOND WITHIN FIVE (5) DAYS FROM DATE OF SERVICE OF THIS NOTICE SHALL BE DEEMED AN ADMISSION OF THE ABOVE STATED FACTS.''

   23.  If opposing counsel or pro se litigant fail to respond, an Order will be entered as follows:

''A hearing will be held on the __ day of ____, 19__ , at _____ M. at the Lackawanna County Family Court, Third Floor, Lackawanna County Courthouse.

   24.  (a)  If counsel agree on the need for the testing/studies, they will submit the Certificate of Readiness to the Court stating that they agree to such testing/studies. The Court will then issue an order stating that counsel agree and the case is ready for listing.

   (b)  If counsel agree on the need for psychologicals, etc., but cannot agree on the psychologist, etc., the Court will issue an Order appointing the psychologist.

   (c)  If counsel cannot agree on the need for psychologicals, etc., counsel requesting the psychologicals, etc., shall present a motion (with appropriate notice to opposing counsel or pro se litigant), which shall be heard in Motion Court. The Court will either grant or deny the motion whereupon the case shall be listed for a hearing.

   25.  The Certificate of Service shall include a statement that the opposing party had been served with the:

   (a)  Kids First brochure;

   (b)  Date of seminar;

   (c)  Date of parenting conference; and

   (d)  Complaint in divorce or custody.

IV.  Rule 1915.15.  Forms for Action in Custody.

   The following forms shall be used in custody actions:

   (a)  Order requiring mandatory Kids First Seminar and Parenting Conference:

__________	:	IN THE COURT OF COMMON PLEAS
PLAINTIFF	:	OF LACKAWANNA COUNTY
V.	:	CIVIL DIVISION--LAW
__________	:	IN CUSTODY
DEFENDANT	:	97 CIV ______

 

ORDER

   You, _________________ , (defendant) (respondent), have been sued in court to (OBTAIN) (MODIFY) custody, partial custody, or visitation of your children: ______ .

   You, as a parent, are directed to attend the ''Kids First'' seminar on the dates listed below:

   Plaintiff __________

   Defendant __________

   FAILURE TO REGISTER AND COMPLETE THE PROGRAM WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS.

   You are ordered to appear in person at Family Court, Lackawanna County Courthouse, 3rd Floor on ______ , at _____ M., for

   ____   a conciliation conference

   ____   a hearing before the court

   If you fail to appear as provided by this order, an order for custody, partial custody, or visitation may be entered against you or the court may issue a warrant for your arrest.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
 

NORTHERN PA LEGAL SERVICES, INC.	LAWYER REFERRAL SERVICE
12th Floor--SNB Plaza	Lackawanna Bar Association
108 N. Washington Avenue	204 Wyoming Ave., Suite 205
Scranton, PA 18503	Scranton, PA 18503-1410
[phone]	[phone]

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Lackawanna County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
 

	BY THE COURT:
DATE:  _________________	_________________ , J.

   (b)  Pre-Hearing Certification:
 

__________	:	IN THE COURT OF COMMON PLEAS
PLAINTIFF	:	OF LACKAWANNA COUNTY
V.	:	CIVIL DIVISION--LAW
__________	:	IN CUSTODY
DEFENDANT	:	97 CIV ______

 

 

PRE-HEARING CERTIFICATION

(To be filed within ten (10) days from date of custody conciliation conference with both the Clerk of Judicial Records and the Court Administrator, with copies to Family Court and opposing counsel or pro se litigant).

   1.  Parties agree/disagree, case is ready for hearing.

   2.  If parties disagree, the following matters must be resolved prior to the scheduling of any hearing:

   (a)  Home Studies:

         ____ agree needed

         ____ disagree needed

   (b)  Person/agency to perform home studies:  __________

         ____ agree upon person/agency

         ____ disagree upon person/agency

   (c)  Psychologicals:

         ____ agree needed

         ____ disagree needed

   (d)  Person/agency to perform psychologicals:  __________

         ____ agree upon person/agency

         ____ disagree upon person/agency

   (e)  Guardian ad Litem:  __________

         ____ agree

         ____ disagree

   (f)  Other issues:  (e.g., drug/alcohol, etc.)

         ____ agree

         ____ disagree

   3.  Hearing expected to take _____hours/days.

DATED:  _________________	_________________
	ATTORNEY FOR MOVING PARTY

RULE 1920.  Actions of Divorce or for Annulments of Marriage.

I.  Rule 1920.1.  Definitions.

   The definitions set forth in Rule 1915.1 shall apply equally to this section.

II.  Rule 1920.3.  Commencement of Action.

   1.  In addition to the information required by Pa.R.C.P. 1920.12, every Complaint in Divorce shall contain one of the following averments:

   (a)  ''Plaintiff avers there are NO children under the age of eighteen (18) years born of the marriage''; or,

   (b)  ''Plaintiff avers there are children under the age of eighteen (18) years born of the marriage, namely: (List names and dates of birth).''

   2.  All divorce and custody complaints containing an averment that there is a child/children under the age of eighteen (18) years shall include the following averments:

   (a)  ''Plaintiff has been advised of the requirement to attend the seminar entitled 'Kids First'.''

   (b)  ''Defendant has been advised of the requirement to attend the seminar entitled 'Kids First'.''

   3.  The pleadings which shall be attached to the complaint must include: the ''Notice to Defend and Claim Rights''; and, the ''Order'' including the dates of the Kids First seminar(s) and the parenting conference. [See Rule 1920.3b(a)(b)].

   4.  Both parents must attend Kids First within twenty (20) days of the initial filing.

III.  Rule 1920.3a.  Kids First/Parenting Conference.

   The requirements set forth in Rule 1915.3a shall apply equally to this section.

IV.  Rule 1920.3b.  Forms for Actions in Divorce.

   The following forms shall be used in divorce actions:

   (a)  Notice to Defend and Claim Rights:
 

__________	:	IN THE COURT OF COMMON PLEAS
PLAINTIFF	:	OF LACKAWANNA COUNTY
V.	:	CIVIL DIVISION--LAW
__________	:	IN CUSTODY
DEFENDANT	:	97 CIV ______

 

 

NOTICE TO DEFEND AND CLAIM RIGHTS

   YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days after receipt of this Complaint and Notice by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.

   YOU ARE WARNED that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

NORTHERN PA LEGAL SERVICES, INC.	LAWYER REFERRAL SERVICE
12th Floor--SNB Plaza	Lackawanna Bar Association
108 N. Washington Avenue	204 Wyoming Ave., Suite 205
Scranton, PA 18503	Scranton, PA 18503-1410
[phone]	[phone]

AMERICANS WITH DISABILITIES ACT OF 1990

   The Court of Common Pleas of Lackawanna County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.

   (b)  Order requiring mandatory Kids First Seminar and Parenting Conference:
 

__________	:	IN THE COURT OF COMMON PLEAS
PLAINTIFF	:	OF LACKAWANNA COUNTY
V.	:	CIVIL DIVISION--LAW
__________	:	IN CUSTODY
DEFENDANT	:	97 CIV ______

 

 

ORDER

   AND NOW, this _____ day of _________________ , 1997, a Complaint in Divorce being filed herewith which avers that there are children of the marriage under the age of eighteen (18) years of age, the Court directs the parties shall attend the Kids First seminar on one of the two dates listed below:

   Plaintiff __________

   Defendant __________

   You, _________________ , (defendant) (respondent), the children:  _________________ .

   You are ordered to appear in person at Family Court, Lackawanna County Courthouse, 3rd Floor on ______ , at _____ M., for

         ____   a conciliation conference

         ____   a hearing before the court

   If you fail to appear as provided by this order, an order for custody, partial custody, or visitation may be entered against you or the court may issue a warrant for your arrest.

   YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

NORTHERN PA LEGAL SERVICES, INC.	LAWYER REFERRAL SERVICE
12th Floor--SNB Plaza	Lackawanna Bar Association
108 N. Washington Avenue	204 Wyoming Ave., Suite 205
Scranton, PA 18503	Scranton, PA 18503-1410
[phone]	[phone]

 

	BY THE COURT:
DATE:  ______	_________________ , J.

[Pa.B. Doc. No. 97-3. Filed for public inspection January 3, 1997, 9:00 a.m.]