Pennsylvania Family Law
Remember earlier this year when I wrote about the Superior Court’s ruling that a party has a right to a de novo hearing for a custody coordinator’s decision? Well, forget all of that. As of today, April 23rd, the Pennsylvania Supreme Court adopted Rule 1915.11-1 which states that parent coordinators are no more and the only judges have the authority to make decisions in child custody cases. The new Rule reads as follows:
Only judges may make decisions in child custody cases. Masters and hearing officers may make recommendations to the court. Courts shall not appoint any other individual to make decisions or recommendations or alter a custody order in child custody cases. Any order appointing a parenting coordinator shall be deemed vacated on the date this rule becomes effective (Editor’s Note: May 23, 2013). Local rules and administrative orders authorizing the appointment of parenting coordinators also shall be deemed vacated on the date this rule becomes effective.
The role of the parent coordinator was established and upheld by the Superior Court in the Yates decision in 2008. The revised Rule, which was adopted by the Supreme Court upon the recommendation of the Domestic Relations Procedural Rules Committee and after an opportunity for public comment, supersedes the case law and renders null and void any existing parent coordinator order.
Full story: Pennsylvania Family Law
Further reading:
Trial Court Must Conduct De Novo Hearings for Parent Coordination Appeals
De novo
The third standard of review is de novo, review as if the appellate court were considering the question for the first time. Legal decisions of a lower court on questions of law are reviewed using this standard. This is sometimes also called the "legal error" standard. It allows the appeals court to substitute its own judgment about whether the lower court correctly applied the law. If the lower court did not correctly apply the law, then its judgment might be reversed, except if the error is a harmless one.
A new trial in which all issues are reviewed as if for the first time is called a trial de novo.
Further reading: Wikipedia-Standard of Review
Remember earlier this year when I wrote about the Superior Court’s ruling that a party has a right to a de novo hearing for a custody coordinator’s decision? Well, forget all of that. As of today, April 23rd, the Pennsylvania Supreme Court adopted Rule 1915.11-1 which states that parent coordinators are no more and the only judges have the authority to make decisions in child custody cases. The new Rule reads as follows:
Only judges may make decisions in child custody cases. Masters and hearing officers may make recommendations to the court. Courts shall not appoint any other individual to make decisions or recommendations or alter a custody order in child custody cases. Any order appointing a parenting coordinator shall be deemed vacated on the date this rule becomes effective (Editor’s Note: May 23, 2013). Local rules and administrative orders authorizing the appointment of parenting coordinators also shall be deemed vacated on the date this rule becomes effective.
The role of the parent coordinator was established and upheld by the Superior Court in the Yates decision in 2008. The revised Rule, which was adopted by the Supreme Court upon the recommendation of the Domestic Relations Procedural Rules Committee and after an opportunity for public comment, supersedes the case law and renders null and void any existing parent coordinator order.
Full story: Pennsylvania Family Law
Further reading:
Trial Court Must Conduct De Novo Hearings for Parent Coordination Appeals
De novo
The third standard of review is de novo, review as if the appellate court were considering the question for the first time. Legal decisions of a lower court on questions of law are reviewed using this standard. This is sometimes also called the "legal error" standard. It allows the appeals court to substitute its own judgment about whether the lower court correctly applied the law. If the lower court did not correctly apply the law, then its judgment might be reversed, except if the error is a harmless one.
A new trial in which all issues are reviewed as if for the first time is called a trial de novo.
Further reading: Wikipedia-Standard of Review
What advice do you offer in lieu of a parent coordinator? I was very much looking forward to having someone act reasonably for us.
ReplyDeleteHi Dwayne - there really is no one that could act in lieu of a PC. Generally speaking if you have one assigned to a case it is impossible to remove if things start to go bad. Often the PC is given broad powers that extend beyond what they are trained for. Their word is taken as fact in the court and Judges tend to "love their PCs". If you enter into an agreement protect yourself and question any contract you may be presented with. Once signed it can be used as a weapon against you. You can email us at Parentalcoordinatoralert@outlook.com
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