Dauphin Cnty. C.P. Rule 1915.15 - Petition for Modification of a Custody Order (introduction)

PETITION FOR CIVIL CONTEMPT OF

AN EXISTING CUSTODY ORDER

INSTRUCTIONS

IT IS STRONGLY RECOMMENDED THAT YOU

CONSULT AN ATTORNEY

DISCLAIMER

THE SELF-HELP CENTER STAFF AND COURT STAFF ARE NOT PERMITTED TO GIVE YOU

LEGAL ADVICE. THE INFORMATION IN THIS PACKET IS NOT A SUBSTITUTE FOR

PROFESSIONAL LEGAL ADVICE. THE COURT ASSUMES NO RESPONSIBILITY AND

ACCEPTS NO LIABILITY FOR ACTIONS TAKEN BY USERS OF THESE DOCUMENTS,

INCLUDING RELIANCE ON THEIR CONTENTS. IF YOU WANT TO OBTAIN THE SERVICES OF

AN ATTORNEY BUT DO NOT KNOW WHOM TO CONTACT, YOU MAY CALL MIDPENN LEGAL

SERVICES AT (717) 232-0581.

PLEASE NOTE: A free custody clinic is available for eligible individuals through

MidPenn Legal Services. At each monthly clinic, attorneys explain the custody process,

help you prepare the custody forms, and file the forms on your behalf. Although the

attorneys are not representing you, the service is an excellent way to ensure that your forms

are completed correctly. For more information, please telephone (717) 232-0581.

INSTRUCTIONS FOR PETITION FOR CIVIL CONTEMPT OF

AN EXISTING CUSTODY ORDER

PLEASE TAKE THE TIME TO READ THESE INSTRUCTIONS

CAREFULLY BEFORE FILING FOR CIVIL CONTEMPT OF AN

EXISTING CUSTODY ORDER

If you want to change an existing custody order, you must file a

Petition for Modification of an Existing Custody Order.

A contempt petition should be filed if a party has willfully disobeyed or interfered with any terms set forth in

the current Custody Order. It should not be filed for a minor issue such as being 15 minutes late. Examples

of behavior which is important enough for the courts to consider the actions as civil contempt include but

are not limited to the following:

• A party does not transfer physical custody of the child(ren) to you in violation of the Custody Order.

• A party consistently refuses to share important information about the child(ren) under the terms of

the Custody Order.

1. Read the instructions carefully and print legibly.

2. You will need to complete 4 forms:

1. Petition for Civil Contempt of an Existing Custody Order

2. Confidential Information Form

3. Entry of Appearance as a Self-Represented Party

4. Criminal Record/Abuse History Verification.

3. Make two (2) copies of the completed form.

4. Take the original and the copies to the Dauphin County Prothonotary’s Office, located on the

first floor of the Dauphin County Courthouse, 101 Market Street, Harrisburg, PA 17101. (Open from

8:00 a.m. to 4:30 p.m. Monday – Friday).

5. The Prothonotary’s Office will date stamp your forms. The Prothonotary’s Office will keep the

original and one (1) copy and give you the remaining copy for your records.

6. See the Prothonotary’s Fee Schedule for the amount of the filing fee. The filing fee is payable by

cash, certified check or money order made payable to the Dauphin County Prothonotary. If you do

not think that you can afford to pay the filing fee, you may file a Petition to Proceed In Forma

Pauperis (IFP) and an Affidavit (see Self Help Center In Forma Pauperis forms and instructions for

family law cases).

7. The Prothonotary’s Office will forward the original Petition for Civil Contempt of an Existing Custody

Order to the Court Administrator’s Office for assignment to a C ustody Conference Officer and the

scheduling of all parties for a Custody Conference. A C ustody Conference Officer will try to work

out the contempt issue so that a hearing before a judge is not necessary. The child(ren) should

not participate in this custody conference unless specifically requested by the C ustody

Conference Officer.

8. All parties will receive a copy of the order scheduling the date and time of the custody

conference. This notification will be sent to all parties by regular mail. Most of the conferences are

held by video but occasionally, conferences are held in-person at the Courthouse.

9. CUSTODY CONFERENCES

• Remember to concentrate on what is in the child(ren)’s best interest. Please do not bring up

issues that you may have with the other parent as this is the time for both parents to work together

to decide what is best to enable your child(ren) to grow and mature in a stable, healthy, and happy

environment. You want your child(ren) to have the best childhood possible. You must put aside

your differences with the other parent and really concentrate on your child(ren).

• Wear appropriate clothing, be polite, and try to be positive and willing to cooperate to work out a

custody schedule. Dress as if you were going to work in a business. DO NOT wear shorts, tank

tops or halter tops.

• Be ready to discuss the case in a mature and flexible manner. The Custody Conference Officer

controls the conference and decides who talks first and whether a statement is relevant to a

custody agreement.

• Try to respect the other party’s position and do your best to work out an agreement that reflects not

so much your best interest or the interests of the other parent but the best interest of the

child(ren).

• You have an obligation to your child(ren) to approach the conference in a reasonable manner.

Hurtful talk and abusive language hinder the process. Control your emotions. If there are angry

outbursts or inappropriate language, the offending party may be ejected from the conference.

IF THE CONTEMPT ISSUE IS NOT RESOLVED AT THE CUSTODY CONFERENCE, THE MATTER WILL

BE REFERRED TO A JUDGE FOR A HEARING.

If you choose to represent yourself, you will be held to the same standard as an attorney. This includes

being fully aware of the applicable statutes, rules of civil procedure, and rules of evidence.

• You are cautioned that your failure to properly present your case and to present legally sufficient

evidence may severely affect your rights in this matter.

• It is not the function of the court, nor is the court permitted to present the case on behalf of a party.

It is the sole responsibility of each party to properly and adequately present their case to the court in

accordance with the law and the rules of evidence and procedure.

• The rules of evidence do not permit the introduction of written statements, affidavits, notarized

statements, or other documents without the agreement of all parties.

• The court will not act as an attorney for either party nor conduct the questioning of any witnesses

nor offer any advice or suggestions to either party as to how to proceed.

D. INSTRUCTIONS FOR EACH FORM

For all forms:

1. Print clearly.

2. Make sure the court will be able to read what you write.

3. Fill in ALL blank lines. FOLLOW THESE INSTRUCTIONS VERY CAREFULLY. FAILURE

TO DO SO MAY RESULT IN THE ISSUANCE OF AN ORDER REQUIRING YOU TO FILE AN

AMENDED PETITION FOR CIVIL CONTEMPT OF AN EXISTING CUSTODY ORDER. THIS

WILL INCREASE THE TIME THAT IT TAKES FOR YOU TO SEE A CONFERENCE OFFICER.

Petition for Civil Contempt of an Existing Custody Order

Fill in the Plaintiff’s and Defendant’s names as they appear on your current Custody Order.

Fill in the docket number on the right side. You will use the same docket number that is on your current

Custody Order.

1. Fill in your full name. You are the Petitioner since you are filing the Petition for Civil Contempt of an

Existing Custody Order.

Fill in the name(s), complete mailing address(es), telephone number(s), email address(es), and

date(s) of birth of the plaintiff(s). If you are the plaintiff and a victim of abuse and the other

party is the abuser and you do not want the other party to know your contact information,

you must also complete the Confidential Information Form (CIF) Abuse Victim

Addendum. This form is to be filed with the Prothonotary and should not be sent to the

other party(ies). An abuse victim is defined as a person for whom a protection order has

been granted by a Court. This contact information will only be available to the Court and

Court staff. If you print out the packet from the Self Help Center page of the Dauphin

County website, the Confidential Information Form and the Confidential Information Form

Abuse Victim Addendum are not included. You must print out these forms in accordance

with the instructions appearing on the webpage.

Fill in the name(s), complete mailing address(es), telephone number(s), email address(es), and

date(s) of birth of the defendant(s). If you are the defendant and a victim of abuse and the

other party is the abuser and you do not want the other party to know your contact

information, you must also complete the Confidential Information Form (CIF) Abuse Victim

Addendum. This form is to be filed with the Prothonotary and should not be sent to the

other party(ies). An abuse victim is defined as a person for whom a protection order has

been granted by a Court. This contact information will only be available to the Court and

Court staff. If you print out the packet from the Self Help Center page of the Dauphin

County website, the Confidential Information Form and the Confidential Information Form

Abuse Victim Addendum are not included. You must print out these forms in accordance

with the instructions appearing on the webpage.

2. You will see that each child is identified by number and listed as CHILD 1, CHILD 2, etc. on

the Petition for Civil Contempt of an Existing Custody Order form. DO NOT WRITE THE

CHILD(REN)’S NAMES OR THE COMPLETE DATE OF BIRTH ON THE FORM. You must complete

the Confidential Information Form found in this packet and include the full name and full date of birth

of CHILD 1, CHILD 2, etc. Complete the addresses of the child(ren) for whom you are seeking custody and

year of birth. If you need more room, use an additional sheet of paper. If the child(ren)’s address is

confidential because of abuse, complete the Confidential Information Form Abuse Information Addendum.

If you print out the packet from the Self-Help Center page of the Dauphin County website, the

Confidential Information Form and the Confidential Information Form Abuse Victim Addendum are

not included. You must print out these forms in accordance with the instructions appearing on the

webpage.

3. Fill in the date that the current Custody Order was entered.

4. Explain in detail the reasons why you feel that the Respondent(s) has/have willfully failed to abide

by the current Custody Order. Please be specific. IF YOU NEED TO IDENTIFY THE

CHILD(REN) IN THIS PARAGRAPH, USE CHILD 1, CHILD 2, ETC. DO NOT USE THEIR

NAMES.

Fill in today’s date and sign and print your name on the applicable lines.

Attach a copy of the current Custody Order to the Petition for Contempt.

CONFIDENTIAL INFORMATION FORM

This form must be filed with the Petition for Civil Contempt of a Custody Order.

• Complete the caption as you did for the scheduling order and petition.

• List the date.

• List the initials, full name of the child(ren) and the date of birth of the child(ren). Use one box for each child.

Additional pages are provided.

• Sign in the space provided and list the date.

• Print your name, address, telephone number and email address in the space provided unless your contact

information is found on the CIF Abuse Victim Addendum because you are a victim of abuse and the

other party is the abuser.

If you print out the packet from the Self-Help Center page of the Dauphin County website, the

Confidential Information Form and the Confidential Information Form Abuse Victim Addendum are

not included. You must print out these forms in accordance with the instructions appearing on the

webpage.

SELF-REPRESENTED PARTY ENTRY OF APPEARANCE

This form must be filed with the Prothonotary every time you change your address.