Adm. Cnty. Pa. 1915.4-3.2

As amended through December 4, 2023

Rule 1915.4-3.2 - Custody Conciliation Conference

(a)Non-Record Proceeding. The custody conciliation conference is an opportunity for the parties to reach agreement early in the litigation process. To facilitate the conciliation process and to encourage frank, open and meaningful exchanges between the parties and their respective counsel, statements made by everyone involved in the conference shall not be admissible as evidence in the custody proceedings. The custody conciliator shall not be a witness in any custody proceedings. The custody conciliation conference shall not be recorded. No evidence or testimony shall be presented. One-half (1/2) hour shall be set aside for all custody conciliation conferences.

(b)Scheduling of Custody Conciliation Conference. If the parties are unable to reach an agreement at presentation, the presiding judge will refer the case to the custody conciliator. Custody conciliation conferences shall be scheduled not more than forty-five (45) days from the date of assignment by the presiding judge.

(c)Appointment and Authority of the Conciliator. The court, in its discretion, shall refer all actions for custody of minor children to a conciliator who shall have the authority to conciliate custody cases in an effort to resolve the matter.

(d)Participation in Custody Conciliation Process. Conduct of the Conciliator, Parties and Attorneys.

(1) Only the parties to the action and their legal counsel shall be present for the conciliation conference. Unless ordered by the court for good cause shown, children should not be brought to the conciliation conference and shall not be heard on the issues by the conciliator.

(2) The parties, counsel and the conciliator shall make a good-faith effort to resolve the issues and reach a partial or full agreement regarding the issues. The conciliator shall conduct the conference as an informational and conciliatory proceeding rather than confrontational or adversarial. All parties and counsel must participate in conferences in a cooperative manner and shall adhere to the directives of the conciliator. The conciliator shall attempt to mediate the differences between the parties, encourage amicable resolution of those differences. The conciliator shall attempt to negotiate a settlement by stipulation in writing, signed by the parties and counsel, for approval and entry as an order of court. Prior to agreeing to a custody order the conciliator shall permit the parties to consult with their counsel of record.

(3) Statements made by the parties or their attorneys at the conciliation conference shall not be admissible as evidence at a later custody proceeding. The custody conciliator shall not be a witness for or against any party.

(4) An attorney who attends a conciliation conference with a client shall participate in accordance with the following standards:

a. Attorneys shall fully cooperate with the efforts of the custody conciliator to facilitate the agreement of the parties;

b. Attorneys shall at all times behave in a manner consistent with the Rules of Professional Conduct and refrain from engaging in hostile or antagonistic conduct;

c. Attorneys shall advise their clients in a manner not disruptive of the conciliation process and shall be permitted to confer with the client privately outside of the conference room;

d. Attorneys shall not attempt to question the other party, present evidence or engage in conduct characteristic of any adversarial proceedings;

(5) At any time during the conciliation process the conciliator may terminate the proceedings and refer the case to the presiding judge for further action.

(e)Bypass Custody Conciliation Conference. A party may file a motion to bypass the custody conciliation conference. A motion to bypass the custody conciliation conference may be granted by the presiding judge in limited circumstances wherein:

(1) There are complex questions of law, fact, or both;

(2) Where a Protection from Abuse Order is in effect between the parties pursuant to Pa.C.S.A. § 6101;

(3) There are serious allegations affecting the child's welfare; or

(4) In relocation cases filed pursuant to 23 Pa.C.S.A. § 5337 and Pa. R.C.P. No. 1915.17.

(f)Service Upon the Conciliator. Service of pleadings upon the conciliator is not required. The Prothonotary shall ensure that the conciliator has access to the official case file.

(g)Conciliator's Fees.

(1) At the time of filing the custody complaint or petition for modification of custody, the moving party shall deposit a conciliator's fee, which shall be established by administrative order of the court. If a petition to intervene is granted by the presiding judge and the matter referred to conciliation, the petitioner shall pay the conciliation fee at least five (5) days prior to the conciliation conference, otherwise the conference will be canceled and the petition dismissed. If a contempt/enforcement matter is referred to conciliation, the petitioner shall pay the conciliation fee at least five (5) days prior to the conciliation conference, otherwise the conference shall be canceled and the petition dismissed.

(2) There shall be allotted one-half hour for each conciliation conference. In the event that the conciliation conference exceeds one-half hour, the conciliator may petition the court for additional compensation at the rate established by the court. This additional fee shall be added to the cost of the action and shall be collected by the Prothonotary.

(3) In the event a party requests an additional conciliation conference, the requesting party shall pay an additional conciliator's fee, which shall be paid prior to the scheduling of an additional conciliation conference.

(4) In the event that the moving party is unable to pay the conciliator's fee, that party may apply file a Petition to Proceed In Forma Pauperis. If the Court grants the request, then the conciliator's fee shall be paid by the County of Adams.

(5) If the case is withdrawn from the conciliator's consideration prior to any conciliation conference occurring, and the party paying the initial conciliator's fee seeks a refund thereof, the party shall file a motion requesting a refund not later than ten (10) days after the last scheduled conciliation conference. Requests for refund filed more than ten days after the last scheduled conciliation conference will not be granted.

(h)Conciliation Conference Memorandum. At least three (3) business days prior to the scheduled conciliation conference, each party shall file a Conciliation Conference Memorandum with the Prothonotary and serve a copy upon opposing counsel or opposing party if self-represented. The conciliation conference memorandum shall be in a form substantially similar to Sample Form "C" annexed to these rules and shall contain the following information:

(1) Factual background, including a brief history of the case;

(2) Initials and ages of all children;

(3) Factual and legal issues for resolution;

(4) Whether a home study is requested;

(5) Whether a custody evaluation is requested and whether the parties will agree to a particular expert for evaluation;

(6) A proposed resolution of all matters, which may be in the form of a parenting plan attached to the memorandum; and

(7) If not previously filed, Defendant/Respondent must file a Criminal Record/Abuse History Verification with the Prothonotary pursuant to Pa. R.C.P. No. 1915.3-2. Additionally, if a party has already filed a Criminal Record/Abuse History Verification, any necessary updates shall be made at this time.

(Sample Form "C" -Conciliation Conference Memorandum)

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

Plaintiff	: No.
	:
v.	:
	: ACTION IN CUSTODY
Defendant	:

CONCILIATION CONFERENCE MEMORANDUM

And now, comes the undersigned party who submits the following custody conference memorandum pursuant to Adams C.Civ.R. No. 1915.4-3.2(h):

1. Brief factual background, including current custody schedule for the child/ren:

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

__________________.

2. Initials and current age of each child:

Child #1:______________________ Child#3:___________________________

Child #2:______________________ Child #4:___________________________

3. Factual and Legal Issues for Resolution:

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

__________________.

4. Are you requesting a home study of your house? (circle one) YES NO

5. Are you requesting a home study of the other party's house? (circle one) YES NO

6. Are you requesting a custody evaluation? (circle one) YES NO

7. A proposed resolution of all matters, which may be in the form of a Parenting

Plan:____________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

__________________.

CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

Respectfully Submitted,

DATE:___________ ___________________________________

Signature

___________

Printed Name

___________

Street Address/P.O. Box

___________

City, State, Zip

___________

Telephone number

(i)Cancellation or Continuance of Custody Conciliation Conference. A scheduled custody conciliation conference shall not be cancelled or continued without the written consent of the parties or leave of court. If a responding party does not consent, a motion to continue may be filed and directed to the presiding judge for consideration, with proper notice to the opposing party. The party requesting the continuance shall include the opposing party's position on the request. If the parties agree to reschedule the conciliation conference, then the conciliator shall set a new date for the conciliation conference to be held and provide notice of same to the presiding judge.

(j)Failure of a party to appear at Custody Conciliation Conference.

(1) All parties named in an action for custody shall be present at the custody conciliation conference unless excused by the conciliator or by agreement of counsel. If a party fails to appear, the conciliator shall so inform the court.

(k)Report and Recommendation by Conciliator.

(1) Within seven (7) business days after the conclusion of the conciliation conference, the conciliator shall file the original Report of Conciliator with the Prothonotary, along with a copy for each party. The Prothonotary shall serve a copy of the Report of Conciliator upon counsel of record and unrepresented parties in accordance with Pa. R.C.P. No. 236.

(2) All agreements reached at a conciliation conference, whether a comprehensive, partial or interim agreement, shall be reduced to a written agreement and shall be signed by the parties immediately upon conclusion of the conciliation conference and submitted to the court for adoption as an order. The parties' consent to an interim order shall not constitute the waiver to a de novo trial for any issue.

(3) If the parties are unable to reach a comprehensive agreement at conciliation, the conciliator's report shall include the following, as may be applicable to the case:

a. Legal and physical custody status at the time of conciliation;

b. Summary of the parties' positions;

c. Summary of the parties' interim or partial agreement, if any;

d. The need for an expedited hearing;

e. Identification of legal and factual issues.

Adm. Cnty. Pa. 1915.4-3.2

Amended effective 7/10/2023; amended effective 12/23/2023.