Pennsylvania Code (Last Updated: April 5, 2016) |
Title 231. RULES OF CIVIL PROCEDURE |
PART I. GENERAL |
Chapter 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN |
Section 1915.10. Decision. Order
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(a) The court may make the decision before the testimony has been transcribed. The court shall state the reasons for its decision either on the record in open court, in a written opinion, or in the order.
(b) The terms of the order shall be sufficiently specific to enforce the order. The courts decision shall include safety provisions designed to protect an endangered party or a child in any case in which the court has found that either is at risk of harm.
(c) Any custody order shall include notice of a partys obligations pursuant to 23 Pa.C.S. § 5337 dealing with a partys intention to relocate with a minor child.
(d) No motion for post-trial relief may be filed to an order of legal or physical custody.
Explanatory Comment2013 The custody statute, at 23 Pa.C.S. § 5323(d), requires the court to delineate the reasons for its decision on the record in open court or in a written opinion or order. Subdivision (b) further defines and reinforces the requirements found in 23 Pa.C.S. § 5323(e). Examples of safety provisions include, but are not limited to: supervised physical custody, supervised or neutral custody exchange location, neutral party presence at custody exchange, telephone or computer-facilitated contact with the child, no direct contact between the parties, third-party contact for cancellations, third-party transportation and designating secure, neutral location for a childs passport. The statute, at 23 Pa.C.S. § 5323, requires that any custody order must include notice of a partys obligations when there is a proposed relocation under 23 Pa.C.S. § 5337. Rule 1915.17 also addresses relocation.
The provisions of this Rule 1915.10 amended October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5323; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial page (366933).