LEHIGH COUNTY Adoption of Local Rule 1940.3 for Mediation and Custody/Visitation Disputes; No. 2001-J-23 [31 Pa.B. 4643] Order And Now, this 4th day of June, 2001, It Is Ordered that the following Lehigh County Rule of Civil Procedure 1940.3 pertaining to mediation in custody/visitation disputes in the 31st Judicial District composed of Lehigh County be, and the same is, promulgated herewith, to become effective thirty (30) days after publication of the rules in the Pennsylvania Bulletin; and that the present Lehigh County Rule of Civil Procedure 1940.3 is revoked, effective at the same time.
The Court Administrator of Lehigh County is directed to:
1. File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Domestic Relations Procedural Rules Committee.
4. File one (1) copy with the Clerk of Courts of the Lehigh County Court of Common Pleas.
5. Forward one (1) copy for publication in the Lehigh County Law Journal.
By the Court
JAMES KNOLL GARDNER,
President JudgeLehigh County Rule 1940.3 (a) Upon commencement of an action for custody, partial custody or visitation of minor children, or the filing of a petition seeking modification of an existing order for same, or the filing of a request for a custody mediation or conference in a divorce action containing a count for same, the case will be scheduled for a mediation orientation session unless:
(1) The case meets the domestic violence or child abuse standard of Pa. R.C.P. No. 1940.3(b), in which event an affidavit in appropriate form shall be filed with the child custody office; or
(2) The assigned judge or, if none, the family court motions judge, upon good cause shown, grants a petition to bypass the requirement to attend the mediation orientation session. Notwithstanding the foregoing, cases not assigned to a judge may be exempted from the mediation orientation session if the administrative judge of the civil/family division, upon recommendation of the custody conference/hearing officer, determines that the history of the case or the parties' circumstances render the case unsuitable for mediation.
(b) Cases that are not scheduled for mediation orientation sessions in accordance with the foregoing shall be scheduled for conference or hearing before the custody conference/hearing officer.
(c) Any request to continue a scheduled mediation or conference shall be presented to the custody conference/hearing officer. Any party aggrieved by such officer's decision may appeal to the assigned judge or, if none, to the family court motions judge.
(d) All cases referred to mediation by the child custody office or by the court shall be scheduled for an initial orientation session that, with the parties' agreement, may be immediately followed by a mediation session. This initial mediation orientation session shall be scheduled for one to one and one-half hours. Upon agreement of the parties, additional mediation sessions may be scheduled. The parties' attorneys shall not attend the orientation or any mediation sessions.
(e) A copy of the mediation orientation scheduling notice and/or the custody conference scheduling notice must be served upon the responding party at least ten (10) working days prior to the date of the scheduled mediation orientation session or the custody conference.
[Pa.B. Doc. No. 01-1555. Filed for public inspection August 24, 2001, 9:00 a.m.]
