Syn. Cnty. Pa. 17CV1915.13[-1]

As amended through May 7, 2024

Rule 17CV1915.13[-1] - Petition for Special Relief and Emergency Petitions for Custody

A. Definitions

1. Petitions for Special Relief shall be filed to address a specific circumstance that does not necessitate the modification of an existing Custody Order and does not involve the violation of the existing Custody Order.

2. Petition for Emergency Special Relief shall be filed when there is an immediate threat to the health, safety, or welfare of the child.

B. New Cases with a Petition for Emergency Special Relief

1. The Petition for Emergency Special Relief must be presented as a separate document titled "Petition for Emergency Special Relief." The petition must allege facts which specify the clear and present danger to the welfare of the child(ren). If the Special Relief does not warrant emergency relief, then a custody conference will be scheduled with the Custody Conference Officer.

2. The Petition for Emergency Special Relief shall be filed with the Prothonotary simultaneously with the Custody Complaint. The Emergency Petition for Custody must be a separate document apart from the Custody Complaint.

C. Existing Cases - No Change Requested To Existing Custody Order And No Violation Of Existing Custody Order

1. The Petition for Special Relief or Emergency Petition for Custody shall be filed with the Prothonotary.

2. The Judge shall review the filing and either schedule a hearing, enter an Order, or direct the matter be assigned to the Custody Conference Officer with the goal of reaching a resolution at the conference.

D. Existing Cases - Modification Of Existing Custody Order Requested Or Contempt Of Existing Custody Order

The Petition for Emergency Special Relief shall be filed with the Prothonotary simultaneously with the Petition for Modification or Petition for Contempt. The Emergency Petition for Special Relief must be a separate document apart from the Petition for Modification or Petition for Contempt.

E. Should a significant change in circumstances arise after entry of an Interim Order and before the pre-trial conference necessitating a modification of the Interim Order, which modification cannot be amicably agreed upon pending the pretrial conference, either party may file a Petition for Special Relief of the Interim Order, setting forth all pertinent facts in support thereof or verified by the filing party. See R.C.P. 1915.13.

Syn. Cnty. Pa. 17CV1915.13[-1]

Amended effective 5/7/2024.