For. Cnty. Pa. 1915.4-2

As amended through January 1, 2018
Rule 1915.4-2 - Office Conference. Hearing. Parenting Program
(a) Office Conference
(1) Except as otherwise provided for in this rule, the Court Hearing Officer shall conduct an initial conference in accordance with Pa. R.C.P. 1915.4-2(a).
(2) If the parties are unsuccessful in reaching an agreement during the initial conference with the Court Hearing Officer, the Court Hearing Officer shall prepare an appropriate Recommended Order directing the parties to attend and pay the cost of the "Helping Your Children Cope With Divorce" program referenced in subparagraph (c) of this rule or a comparable program, and, upon verification that at least one of the parties has completed the program, the Court Hearing Officer shall either,
(i) schedule a hearing before the Court Hearing Officer, or,
(ii) refer the matter to the Court Administrator to schedule a hearing before the Court on the issue of custody, shared custody, or legal custody.
(b) Hearing

When a partial custody or visitation hearing is scheduled to be held before the Court Hearing Officer, the Court Hearing Officer shall conduct a hearing and file a report in accordance with Pa.R.C.P. 1915.4-2(b).

(c) Seminar for Separating Parents in Contested Custody Matters
(1) In all divorce and custody proceedings and in such other cases as the Court shall direct, where the interest of children under the age of eighteen years are involved and an issue of custody or visitation remains disputed and unresolved following a conference before the Court Hearing Officer, the parties shall complete a seminar entitled "Helping Your Children Cope With Divorce" or a comparable program.
(2) Both parties shall attend the seminar prior to the date of the custody hearing.
(3) Any requests for an extension of time within which to complete the seminar shall be made to the Court Hearing Officer.
(4) The fee for the seminar shall be determined by the provider and must be paid prior to attendance. Any request for waiver or reduction of the fee shall be filed with the Court Hearing Officer and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship in accordance with Pa. R.C.P. No. 240, at least five days prior to the scheduled seminar.
(5) The requirements to attend the seminar may be waived if
(i) the Court, on motion, determines that participation is not necessary or,
(ii) the parties select and participate in a comparable parenting education program.
(6) No hearing or trial shall be delayed or court action withheld because of the failure of one party to attend the seminar.
(7) Failure to comply with this rule may result in the dismissal of the action, striking of pleadings, or other appropriate remedy including sanction for contempt and attorney fees.
(8) Should a party fail to attend the seminar, the Court may sua sponte bring a contempt action against a non-complying party. A party who has complied with the rules shall not be required to either bring the contempt action or appear at any contempt proceedings.
(9) Copies of this rule and program description shall be available in the office of the Prothonotary, the Court Hearing Officer's office, and the office of the Court Administrator.

For. Cnty. Pa. 1915.4-2

Amended effective 1/14/2014 and 1/24/2014.