HomeMy WebLinkAbout39-1915.7. Consent Order.Rule 39-1915.7. Consent Order.
(a) Required Submissions to the Court:
(1) Form
Any agreement between the parties for legal and physical custody of a minor child/ren shall
be submitted to the Court in the form of a document entitled “Stipulation and Agreement,”
bearing the signature of each parent, and their counsel of record, if any, and requesting the
entry of the agreed upon terms as an Order of Court. The Stipulation and Agreement shall be
accompanied by a Proposed Order for entry by the Court.
(2) Contents of Stipulation and Agreement Where No Complaint or Petition for Modification
is Pending
If no Complaint or Petition for Modification is currently pending before the Court, the
Stipulation and Agreement shall contain:
(i) Averments required under 23 Pa.C.S.A. Section 5429(a), to enable the Court
to determine whether jurisdictional requirements have been met, including:
1. The child/ren's present address or whereabouts;
2. The child's residence address(es) for the five (5) years preceding the filing of
the Stipulation and Agreement, and the names of the persons with whom the
child resided during such period;
(ii) An averment whether any party has participated as a party or witness or in
any other capacity in any other proceeding concerning the legal or physical
custody of the child, and, if any such actions exist, stating the presiding court,
case number, and nature of such proceeding;
(iii) An averment whether any party knows of any proceeding that could affect the
current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights
and adoptions, and if so, identify the court, case number, and the nature of the
proceedings;
(iv) An averment whether any party knows the names and addresses of any person
not a party to the proceeding who has any form of physical custody of the
child, or claims rights of legal or physical custody to the child, stating for any
such person(s) their name(s) and address(es);
(v) The language of the Proposed Order; and
(vi) Criminal Record/ Abuse History Verifications of both parties attached as
exhibits.
Rule 39-1915.7 Consent Order. (cont.)
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(3) Contents of Proposed Order:
The Proposed Order shall contain:
(i) The terms of the agreement, as to both legal and physical custody of the
subject child/ren;
(ii) An averment pursuant to 23 Pa. C. S. A. § 5323 (c), giving notice of the
parties’ obligations under 23 Pa. C. S. A. § 5337, related to relocation,
substantially equivalent to that set forth in Sample “A” to Rule 39-1915.3;
and
(iii) The conditions for protection of the child or abused party as required pursuant
to 23 Pa. C. S. A. § 5323 (e), if either party has engaged in past violent or
abusive conduct and a risk of harm exists to the child/ren or the abused party.
Adopted by Order of Court dated May 3, 2011
Published at 41 Pa. Bull. 2532 (May 21, 2011)
Amended by Order of Court dated _________, 2014
Published at ___ Pa. Bull. ___ (______, 2014).
Rule 39-1915.7 Consent Order. (cont.)
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