Penn. Sny. Cnty. 17CV1915.13-1

As amended through November 30, 2017

Rule 17CV1915.13-1 - Petition For Special Relief. Ex Parte Hearing And Temporary Order

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. No. 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, the petition for special relief to the court for consideration of the allegations. The court shall either:

1. refer the petition to the Custody Hearing Officer for an immediate ex parte hearing, which shall be held within two (2) business days of the presentation of the petition to the court; or,

2. direct that an initial conference be scheduled before the Custody Hearing Officer pursuant to Rule 17C V1915.4-1; or,

3. if it is ascertained that an initial conference has already been held and an interim order already issued under Rule 17C V1915.4-3:

a.* direct that the Custody Hearing Officer consider the petition for special relief as a reconsideration request under Rule 17C V1915.4-2; or

b.* direct that the issues raised be disposed of at the pre-trial conference or trial.

C. If an ex parte hearing is ordered, the party seeking special relief must appear before the Custody Hearing Officer at the time scheduled for the ex parte hearing to present testimony. The Custody Hearing Officer 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. Upon making a determination that ex parte relief is warranted, the Custody Hearing Officer shall forward to the court for approval a recommended temporary emergency order, which will include a provision scheduling a hearing before the Court, to be held within ten (10) business days of the ex parte hearing. Prior to the hearing before the Court, the petition for emergency custody relief and the temporary emergency order containing notice of the 10-day hearing 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. Upon making a determination that ex parte relief is not warranted, the custody hearing officer shall forward to the Court for approval a recommended order denying the petition for special relief. Such order may schedule the matter for disposition at: an initial conference under Rule 17C V1915.4 -1; as a reconsideration request under Rule 17C V1915.4-2; or, if already scheduled for a pre-trial conference or trial on other issues, direct that the emergency issues be determined with all other issues at the pretrial conference or trial.

Penn. Sny. Cnty. 17CV1915.13-1