Rule 1915.27 - CANCELLATION OF CUSTODY PROCEEDINGS(a) A scheduled office conference and/or hearing before a hearing officer may not be cancelled without the written consent of the parties, or leave of court. If a responding party does not consent to cancel an office conference or hearing, a motion to cancel may be presented in motion court by the requesting party with proper notice pursuant to Local Rule 440.(b) If none of the parties appear for a scheduled office conference, the conference officer will prepare and send a proposed Order to the duty judge that indicates the office conference is cancelled, and that the pleading is dismissed without prejudice.(c) If any one party fails to appear for a scheduled office conference and all parties have been served, the appearing party or parties may:(1) reschedule the office conference;(2) in the case of an initial complaint or petition for modification of an existing order seeking sole custody or primary physical custody, request an immediate referral for trial;(3) in the case of an initial complaint or petition for modification of an existing order seeking partial custody and/or supervised physical custody, request an immediate referral for a hearing before a hearing officer; or(4) request dismissal of the pleading without prejudice. If the appearing party or parties request to reschedule the office conference, the appearing party or parties are responsible for serving notice of the rescheduled conference. If the appearing party requests an immediate referral for a trial, the case shall be promptly referred by the Custody Conciliation Office to Family Court Administration for scheduling of a trial. If the appearing party requests an immediate referral for a hearing before a hearing officer, the case shall be promptly referred by the Custody Conciliation Office to the hearing officer for scheduling of a hearing.
(d) If the complaint or petition has not been served, the office conference may be rescheduled at the request of the appearing party or parties. The Custody Conciliation Office will prepare a new notice and order to be filed and served by the appearing party or parties, along with the petition and complaint and other documents required to be filed with the complaint.(e) A scheduled trial shall not be cancelled without leave of court. A motion to cancel the trial shall be presented to the judge assigned to the custody trial. A scheduled hearing before a hearing officer shall not be cancelled without leave of court. A motion to cancel the hearing before a hearing officer shall be presented to the family motion court judge. If all parties agree to the cancellation, signed consent of the parties shall be attached to the motion.Amended effective 7/1/2020; amended effective 8/1/2022.