Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1915.12 - Civil Contempt for Disobedience of Custody Order. Petition. Form of Petition. Service. Order(a) A petition for civil contempt shall begin with a notice and order to appear in substantially the following form: Click to view image
(b) The petition shall allege the facts which constitute wilful failure to comply with the custody, partial custody or visitation order, a copy of which shall be attached to the petition.(c) The petition shall be in substantially the following form: (Caption)
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
The Petition of ____, respectfully represents:
1. That on ____, Judge ____ entered an Order awarding (Petitioner) (Respondent) (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the minor child(ren) _____________________________________
_____________________________________
(Name(s) of Child(ren))
A true and correct copy of the order is attached to this petition.
2. Respondent has willfully failed to abide by the order in that ______ ______________________________
______________________________
______________________________
______________________________
3. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. WHEREFORE, Petitioner requests that Respondent be held in contempt of court.
_____________________________________
(Attorney for Petitioner) (Petitioner)
I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
____________ | _____________ |
Date | Petitioner |
(d) The petition shall be served upon the respondent by personal service or regular mail. No answer to the petition shall be required. If service is by mail, the hearing on the petition shall not be held sooner than seven days after mailing of the petition unless the court for cause shown orders an earlier hearing. If the respondent fails to appear, the court shall continue the hearing and may order personal service by the sheriff or constable, or alternative service as accepted by the court, of the petition and notice of a new hearing date or the court may issue a bench warrant for production of the respondent in court and not for imprisonment.(e) After hearing, an order committing a respondent to jail for contempt of a custody, partial custody or visitation order shall specify the condition which must be fulfilled to obtain release of the respondent.The provisions of this Rule 1915.12 amended November 8, 1982, effective 1/1/1983, 12 Pa.B. 4040; amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5323; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1943; amended December 2, 1994, effective 3/1/1995, 24 Pa.B. 6263; amended March 18, 2004, effective 6/16/2004, 34 Pa.B. 1754; amended November 19, 2008, effective immediately, 38 Pa.B. 6596; amended August 1, 2013, effective 9/3/2013, 43 Pa.B. 4702; amended July 20, 2015, effective 9/1/2015, 45 Pa.B. 4158.