Custody Matters Scheduled Before a Hearing Officer
- Interim Relief Hearings
- Custody Conciliation
- Partial Custody/ Contempt Hearings
Interim Relief Hearings
In custody cases in which the parties have completed a Generations mediation session without an agreement or in cases where the responding party has failed to attend the Generations mediation session after sufficient notice AND there is currently not an order for custody on the case, the parties will be scheduled for an Interim Relief Hearing with the Custody Hearing Officer. Parties will be scheduled automatically in these circumstances immediately following mediation at the Custody Department on the first floor of the Family Law Center.
The matter shall be a one (1) hour on the record proceeding and shall be scheduled for the next available date with the Custody Hearing Officer. Both parties shall provide a draft Interim Custody Order at the hearing. In the event that the parties are residing together at the time of the hearing, any order entered shall only become effective the date either party leaves the shared residence.
Any interim order entered shall not establish a status quo for the case moving forward as parties litigate to finality the pending custody action. If the parties can reach a consent interim order or a consent final order at the hearing, the Hearing Officer may approve and enter the same. If the parties reach a consent interim order or a consent final order prior to the hearing which has been signed by the Judge of record, they shall provide a courtesy copy to the Hearing Officer in advance and said order shall indicate that the Interim Relief hearing is cancelled.
Neither party may file exceptions to the interim order entered by the Hearing Officer.
On the Court’s own motion or upon motion of either party, the Judge may issue an order to schedule the matter for an Interim Relief Hearing in any custody case
Custody Conciliation
Parties may be scheduled for a conciliation in the Custody Department with a custody Hearing Officer after an unsuccessful mediation or by order of court. Parties are required to present a praecipe to schedule a conciliation (Form I-7) This praecipe shall be presented to the Custody Department following the mediation, if requested. When this praecipe is presented, it must include a copy of the Certificate of Completion of Mediation, at which time a conciliation may be scheduled. Parties may praecipe for conciliation within 120 days of their mediation date. After 120 days, if a praecipe has not been filed, the custody complaint or petition may be dismissed. Please also note that, although the form contains signature lines for both parties and their attorneys, only one party or their attorney needs to sign the praecipe.
All parties to the custody case MUST be present at the scheduled custody conciliation regardless of whether they have an attorney present, unless they have obtained an order of court via motions court excusing them from appearing or allowing their participation by telephone. Parties who are indigent, and meet certain financial qualifications, may be eligible for free legal representation at the conciliation if available, through the Pittsburgh Pro Bono Partnership Custody Conciliation Project. At the custody conciliation, if one or both of the parties do not appear, any of the following may occur: the petition may be dismissed, the case may be scheduled for a judicial conciliation or hearing or a partial custody hearing, a bench warrant may be issued, an interim order may be entered which may alter the current custodial arrangement and/or substantially affect the litigant’s custodial rights, and/or counsel fees may be imposed.
Consent orders agreed to by the parties prior to a scheduled conciliation date must be signed by the assigned judge and a copy delivered to the Custody Department. Said consent must include language that the parties have agreed to cancel the scheduled conciliation date. If a consent is reached on the day of the scheduling proceeding before the Custody Hearing Officer, it may be presented at the scheduled conciliation time. The Custody Hearing Officer will review, and if acceptable, will process the consent order.
If the parties are unable to reach an agreement at the conciliation, the parties may be scheduled for a hearing before the Custody Hearing Officer (“CHO”). If the case is referred to the Custody Hearing Officer and if either party wishes to challenge the authority of the Hearing Officer to hear the case, they must file a motion before the assigned Judge prior to the court date pursuant to Rule 1915.4-1. Should the party fail to do so, but later raise exceptions in this regard, they shall be deemed waived. The Custody Hearing Officer will schedule a hearing date and a pretrial order is mailed to the parties and counsel, if represented. The pretrial statement is due 10 days prior to the scheduled hearing date and may be dropped off or mailed to the Custody Department, 1st Floor, Family Law Facility.
If the parties are unable to reach an agreement at the conciliation and the action filed is a request for sole, primary, or shared custody, they may be referred by the Custody Hearing Officer for a psychological evaluation and/or a home study.
If the Custody Hearing Officer does not refer the case for an evaluation, a judicial conciliation may be scheduled. The Custody Hearing Officer will schedule a judicial conciliation date and a scheduling order is mailed to the parties and counsel, if represented.
In accordance with Pennsylvania Rule of Civil Procedure 1915.4 relating to prompt disposition of custody cases, parties must complete a praecipe for conciliation/request for trial, or face dismissal of the current request for court action. Extensions may be granted by consent; if consent is withheld, a party may seek relief via motions court (Form I-9).
Partial Custody/ Contempt Hearings
Parties may be scheduled for a custody hearing before the Custody Hearing Officer (CHO) after an unsuccessful mediation or conciliation in accordance with Section F. Item 4. or by order of court for a determination on the custody pleading.
A pretrial order will be issued which directs parties to submit a pretrial statement. The pretrial statement is due 10 days prior to the scheduled hearing date and may be dropped off or mailed to the Custody Department, 1st Floor, Family Law Facility. The party requesting the custody hearing date is responsible for filing the original order with the Department of Court Records, making appropriate service on the other side, and filing a certificate of service with the Court.
In limited circumstances, following a judicial conciliation, the judge may decide to schedule the case before the CHO. The parties and/or attorneys may be given the order to schedule the hearing at the time of the conciliation. In this situation, they must take the order to the Custody Department, 1st Floor, Family Law Facility to receive the next available hearing date. Parties and/or counsel are responsible for filing the original order with the Department of Court Records and serving the opposing side.
A judge may enter an order to refer the matter to the CHO for an expedited conciliation to determine the status quo. The scheduling of the conciliation follows the same procedure as noted in Section F 1. An expedited conciliation shall not be conducted concurrently with a Generations mediation session or custody conciliation.
Continuance requests for custody hearings follow the same policy that currently exists for all Domestic Relations matters.
Consent orders agreed to by the parties prior to a scheduled hearing or conciliation date must be signed by the assigned judge and a copy delivered to the CHO at the Custody Department. The order must include language canceling the hearing or conciliation. If a consent is reached on the day of the scheduled proceeding with the CHO, it may be presented at the scheduled hearing time. The CHO will review and, if acceptable, will process the consent order.