Custody Conciliation, Conferences, and Mediation in Pennsylvania

Your first contact with the court

Depending on the county, the parties’ first in-person contact with the court may be a conference with a conference officer, a conference with a judge, conciliation, mediation, or a class or seminar, and it must be scheduled no later than 45 days after the complaint or petition is filed (Pa.R.Civ.P. 1915.4(a)). The rules use “conciliator” and “conference officer” to mean the same thing (Rule 1915.1(b)).

At that first in-person proceeding, the judge, conference officer, or other appointed person also evaluates whether a party or household member poses a threat to the child, using the Criminal Record/Abuse History Verification forms and other information the parties provide (Rule 1915.3-2(b)). Bring your completed form if you have not filed it yet.

The two county tracks

Each county certifies which procedure it uses (Rule 1915.4-1(c)); the rules committee publishes the list of counties and their procedures.

1. Non-record conference, then trial (Rule 1915.4-3). This is the default. If an agreement is not finalized by the end of the office conference, the conference officer promptly notifies the court that the case should be listed for trial. The trial before the judge is de novo, meaning the judge hears the case fresh.
2. Conference, then a record hearing for partial custody (Rule 1915.4-2). In counties that adopt it, a partial custody case goes first to a conference officer, who may recommend terms. If there is no agreement, a hearing before a hearing officer, who must be a lawyer, is set no more than 45 days after the conference, and a record is made. The hearing officer files a report and proposed order within ten days, and any party may file exceptions within 20 days after the report is mailed or received, whichever comes first. If exceptions are filed, a judge hears argument and enters a final order; if not, the court reviews the report and, if it approves, enters a final order.

Even in a county using the second track, a party may promptly move for a hearing before a judge instead of a hearing officer if there are complex questions of law or fact, or the parties certify that there are serious allegations affecting the child’s welfare (Rule 1915.4-1(b)).

If you reach an agreement

At a Rule 1915.4-2 conference, an agreement is written into an order for both parties to sign and goes to the court with the conference officer’s recommendation; the court may enter it without a hearing (Rule 1915.4-2(a)(3)). More generally, parents can turn an agreement into a consent order by submitting a proposed order bearing both parties’ written consent, or by stating it on the record and having it reduced to a written order (Rule 1915.7).

Custody mediation

Mediation under Rules 1940.1 to 1940.9 is a confidential process in which a neutral mediator helps the parties try to reach agreement. It is not a court proceeding. The parties must mediate in good faith but are not compelled to agree, and the mediator does not decide anything (Rule 1940.2).

• The court may order the parties to attend an orientation session, but not if a party or a child of either party is or has been the subject of domestic violence or child abuse during the case or within 24 months before it was filed (Rule 1940.3(a) and (b)).
• After orientation, the court may refer the parties to mediation with their consent (Rule 1940.3(c)).
• Only the parties take part, unless both consent to the mediator meeting the children or inviting others (Rules 1940.2 and 1940.5(c)).
• If the parties resolve all or part of the dispute, the mediator sends them a Memorandum of Understanding within 14 days. It is not legally binding on either party. If nothing is resolved, the mediator reports that to the court within 14 days without further explanation (Rules 1940.2 and 1940.6).
• Each court sets the mediator’s rate (Rule 1940.7). The comment to Rule 1940.5 notes that parties without the resources to pay for court-connected mediation can apply to have the costs waived or reduced.

Parenting programs and counseling

The court may direct the parties to attend informational programs about parental duties, but the case and any order are not delayed because one party does not take part (23 Pa.C.S. § 5332). As part of a custody order, the court may require counseling; where there has been abuse, it may order individual counseling for the abuser but may not order the parties into joint counseling (§ 5333).

After a final order: parenting coordination

In counties with a parenting coordination program, a judge may appoint a parenting coordinator after a final custody order in cases with repeated or intractable conflict over carrying out the order. The appointment is for a specified period of no more than 12 months, which the court can extend, and if the case involves domestic violence the court must first hold a hearing on whether an appointment is appropriate (Rule 1915.11-1).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Pa.R.Civ.P. 1915.4, prompt disposition and first contact
• Pa.R.Civ.P. 1915.4-1, alternative hearing procedures
• Pa.R.Civ.P. 1915.4-2, conference and hearing officer
• Pa.R.Civ.P. 1915.4-3, non-record proceedings and trial
• Pa.R.Civ.P. 1915.3-2(b), initial evaluation
• Pa.R.Civ.P. 1915.7, consent order
• Pa.R.Civ.P. 1915.11-1, parenting coordination
• Pa.R.Civ.P. 1940.2, mediation definitions
• Pa.R.Civ.P. 1940.3, orientation and mediation orders
• Pa.R.Civ.P. 1940.5, duties of the mediator
• Pa.R.Civ.P. 1940.6, termination of mediation
• 23 Pa.C.S. §§ 5332 and 5333, programs and counseling
• Rule 1915.4-1 county list of hearing procedures