Cent. Cnty. Pa. 1915.13-1

As amended through March 1, 2024

Rule 1915.13-1 - Petition for Special Relief

A. Where a party believes there is an immediate clear and present danger to the child(ren), that party may file a petition for special relief. The petition for special relief must be presented as a separate document headed "Petition for Special Relief." The petition shall conform to the requirements of Pa.R.C.P. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).

B. Upon filing and presentation of the petition for special relief to the court for consideration of the allegations, the court shall either:

(1)

(a) direct that an initial custody conciliation conference be scheduled before the conciliator; or

(b) if it is ascertained that an initial custody conciliation conference has already been held and an interim order already issued, then:

(i) direct that the conciliator considers the petition for special relief as a reconsideration request under 1915.4-3.1; or

(ii) direct that the issues raised be disposed of at the pre-trial conference or trial;

(2) grant emergency relief and schedule an initial conference or hearing to occur within ten days; or

(3) schedule a conference or hearing before the Court.

C. If a conference or hearing before the Court is scheduled, the party seeking special relief and the respondent(s) must appear before the Court at the time scheduled for the hearing to present testimony. The Court shall determine if probable cause exists to believe there is an immediate clear and present danger to the welfare of the child(ren) involved.

D. As immediately as possible and in any event prior to the conference or hearing before the Court, the petition for special relief and any temporary emergency order shall be served on the opposing party by the petitioning party in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioning party reasonably believes may represent the interests of the other party.

Cent. Cnty. Pa. 1915.13-1

Added November 16, 2023 effective 1/2/2024.