752 Amendments to the Rules of Civil Procedure relating to domestic relations matters; recommendation 126 republication

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1900 ]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 126 Republication

[44 Pa.B. 2199]
[Saturday, April 12, 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, August 1, 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: [phone]
E-mail: [e-mail]

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

By the Domestic Relations
Procedural Rules Committee

CAROL S. MILLS McCARTHY, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Rule 1901.7. Decision. Post-trial relief.

 (a) The decision of the court may consist of only general findings of abuse but shall dispose of all claims for relief. The court's final order shall be rendered substantially in the form set forth in Rule 1905(e).

 (b) No motion for post-trial relief may be filed to the final order.

 Official Note: The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2.

 (c) If a final protection from abuse order directs the defendant to pay support to the plaintiff for the benefit of the plaintiff and/or a child, the plaintiff must file a complaint for support with the domestic relations section within two weeks of the date of the order or the support provisions of the order shall lapse automatically. If the plaintiff timely files with the domestic relations section, the support provisions of the final protection from abuse order shall remain in effect until a support order is entered.

 (d) The custody provisions of a Protection From Abuse order are temporary. Either party may initiate custody proceedings pursuant to the custody statute at 23 Pa.C.S. § 5321 et seq. Any valid custody order entered after the final Protection From Abuse order supersedes the custody provisions in paragraph 5 of the Protection From Abuse order.

*  *  *  *  *

Rule 1905. Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.

*  *  *  *  *

 (e) The Final Order of Court, or any amended, modified or extended Final Order of Court, entered pursuant to the Act shall be substantially in the following form, but the first page must be exactly as set forth in this rule:

*  *  *  *  *

 [  ] 5. Temporary custody of the minor children, (NAMES OF THE CHILDREN SUBJECT TO THE PROVISION OF THIS PARAGRAPH) shall be as follows:

 Check all that apply:

 [  ] STATE TO WHOM PRIMARY PHYSICAL CUSTODY IS AWARDED, STATE TERMS OF PARTIAL CUSTODY [OR VISITATION], IF ANY.

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

 [  ] There is a current custody order as to the children of the parties:

_________________________________________________________
(county court)

_________________________________________________________
docket number)

 [  ] A custody petition is pending.

 [  ] A hearing is scheduled for ___________________
            (date, time and location)

 [  ] THIS ORDER SHALL NOT SUPERSEDE THE CURRENT CUSTODY ORDER.

 [  ] THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CUSTODY.

 The custody provisions of paragraph 5 of this order are temporary. Either party may initiate custody proceedings pursuant to the custody statute at 23 Pa.C.S. § 5321 et seq. Any valid custody order entered after the final Protection From Abuse order supersedes the custody provisions of this order.

 [  ] 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS.

*  *  *  *  *

[Pa.B. Doc. No. 14-752. Filed for public inspection April 11, 2014, 9:00 a.m.]