Centre Cnty. C.P. Local Rule I

file a written report with the Court that recites the following:

(1) the parties and attorneys that attended the custody conciliation conference;

(2) the results of the custody conciliation conference;

(3) a recommended interim custody order as to legal and physical custody matters

which will govern, pending further proceedings with the Court;

(4) an initial determination, subject to ultimate approval by the Court, as to the use of

psychological evaluations, home study evaluations, drug and alcohol evaluations

and/or treatments, co-parenting counseling, reunification counseling, the

appointment of a guardian ad litem, and/or the appointment of counsel for the

child(ren);

(5) any recommendations regarding the need for an expedited hearing in emergency

and relocation cases;

(6) whether a party should not be compelled to attend a mediation orientation session

because a party, or a child of a party, is or has been the subject of domestic

violence or child abuse allegedly perpetrated by an opposing party at any time

within the preceding twenty-four (24) months; and

(7) a recommendation that the case be scheduled for a pre-trial conference and the

estimated number of trial days needed.

LOCAL RULE 1915.4-3.1

Approval of Interim Custody Orders; Exceptions and Reconsideration of Interim Custody

Orders

A. The recommended interim custody order of the conciliator prepared in accordance with

Rule 1915.4-3 (I)(3) shall be submitted to the court for approval, signature, and entry of

record.

B. No exceptions may be filed to an interim custody order. Any matter not stipulated to at the

custody conciliation conference may be reviewed at the pre-trial conference or resolved

at the custody trial.

C. Should a significant change in circumstances arise after entry of an interim custody order

and before the pre-trial conference necessitating a modification of the interim custody

order, which modification cannot be amicably agreed upon pending the pre-trial

conference, either party may file a motion for reconsideration of the interim order, setting

forth all pertinent facts in support thereof and verified by the filing party. The Court

Administrator shall refer such motion to the conciliator. Based on the allegations of the

motion, the conciliator may take any one or more of the following actions deemed

appropriate under the circumstances: (1) recommend an order by the Court summarily

denying the motion; (2) hold a telephone or other conference with both parties; (3) after

providing the opposing party an opportunity to respond, recommend a modified interim

custody order to the Court; or (4) direct that the matter be resolved at the pre-trial

conference.

LOCAL RULE 1915.4-3.2

Failure to Appear for Custody Conciliation Conference

A. A custody conciliation conference may not be cancelled without the written consent of the

parties or leave of court.

B. If none of the parties appear for a scheduled custody conciliation conference, the

conciliator may:

(1) reschedule the custody conciliation conference; or

(2) prepare and send a proposed Order to the assigned judge indicating that the

custody conciliation conference is cancelled and that the pleading is dismissed

without prejudice.

C. If any one party fails to appear for a scheduled custody conciliation conference and all

parties have been served, the conciliator may:

(1) hold the custody conciliation conference;

(2) reschedule the custody conciliation conference;

(3) make an immediate referral for pre-trial conference; or

(4) prepare and send a proposed Order to the assigned judge indicating that the

pleading is dismissed without prejudice.

D. If any one party fails to appear for a scheduled custody conciliation conference and the

complaint or petition has not been served on all parties, the custody conciliation

conference shall be rescheduled.

LOCAL RULE 1915.4-4.1

Settlement

A custody case will be removed from the custody conciliation conference, pre-trial schedule

and/or the custody trial list only upon written agreement of the parties or Court order.

LOCAL RULE 1915.4-4.2

Case Management and Custody Trial

A. If the parties do not reach an agreement resolving all issues raised at the custody

conciliation conference, the assigned Judge shall issue a Custody Scheduling Order listing

the matter for a pre-trial conference and custody trial.

B. At the time set for the pre-trial conference, both parties shall submit documents and

information required by the Court’s Custody Scheduling Order. Both parties and their

respective counsel shall appear before the Court for presentation of the issues and

discussion of possible settlement and disposition of any matters referred to the Court.

LOCAL RULE 1915.11-3

Appointment of a Guardian Ad Litem; Physical and Mental Examination of Persons;

Psychological Examinations and Home Studies

A. Upon agreement of the parties at the custody conciliation conference, the conciliator may

include in the recommended interim custody order that the Court appoint a guardian ad

litem or counsel for the child(ren) and/or a directive that the parties obtain physical

evaluations, psychological evaluations, custody evaluations, home study evaluations,

drug and alcohol evaluations and/or treatments, co-parenting counseling or reunification

counseling prior to the date of the pre-trial conference or trial and may recommend a date

by which the parties must make the initial arrangements.

B. Any request by the parties for evaluations made after the initial conference and not made

at the pre-trial conference or entered by stipulation must be made by Petition for Special

Relief alleging specific facts and reasons for the request.

C. The cost of the guardian ad litem shall be apportioned to the parties as directed by the

Court or agreed upon by the parties.

D. Unless otherwise directed by the Court or agreed upon by the parties, the expense of any

evaluation shall be borne initially by the party requesting the evaluation and shall be paid

in accordance with Pa.R.C.P. 1915.8. A final allocation of the expense may be made by

the Court upon entry of an order or decision rendered on any issues raised in the

proceeding.

E. Any evaluation filed with the Court shall be filed as a confidential document under the

Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

LOCAL 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 Rule 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.

LOCAL RULE 1940.3

Order for Orientation Session and Mediation

A. If the parties are unable to reach an agreement at the custody conciliation conference, the

parties may be ordered by the Court to attend a custody mediation orientation session.

Custody mediation shall occur in accordance with Pa.R.C.P. 1940.1 et seq. The mediation

may address any issues agreed to by the parties unless limited by court order.

B. Should the parties consent to mediation and successfully reach an agreement, the

mediator shall prepare a Memorandum of Understanding. The Memorandum of

Understanding shall be forwarded to the Court. The Court may enter the agreed upon

Memorandum of Understanding as a final order without hearing the parties. If the Court

is satisfied that all pending issues are resolved in the Memorandum of Understanding, the

Court shall cancel the pre-trial conference and custody trial based upon the parties’

resolution. If it appears that there are remaining issues, the Court may schedule a

conference, or refer the case back to the conciliator for further conference.

C. Should parties fail to consent to mediation, or should the parties engage in mediation but

fail to reach an agreement, the mediator shall notify the Court.

D. No party shall be compelled to participate in a custody mediation orientation session in

cases where any party, or a child of any party, is or has been the subject of domestic

violence or child abuse allegedly perpetrated by an opposing party at any time within the

preceding twenty-four (24) months.