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Rule 1915.1. Scope. Definitions.

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(b) As used in this chapter, unless the context of a rule indicates otherwise,

the following terms shall have the following meanings:

‘‘action[’’ means],” all proceedings for legal and physical custody and 

proceedings for modification of prior orders of any court;

“child,” an unemancipated individual under 18 years of age;

“conference officer,” an individual who presides over an office conference 

pursuant to Pa.R.C.P. No. 1915.4-2(a) or the initial non-record proceeding under 

Pa.R.C.P. No. 1915.4-3(a). For purposes of these rules, a conciliator is 

synonymous with a conference officer;

‘‘custody[’’ means],” the legal right to keep, control, guard, care for, and 

preserve a child and includes the terms ‘‘legal custody,’’ ‘‘physical custody,’’ and 

‘‘shared custody;’’

“hearing officer,” a lawyer who conducts a record hearing on partial 

custody cases pursuant to Pa.R.C.P. No. 1915.4-2(b);

‘‘home county[’’ means],” the county in which the child [immediately preceding 

the time involved] lived with [the child’s] either or both parents, [a parent, or] a 

person acting as a parent, or in an institution[,] for at least six consecutive months

immediately preceding the filing of the action, and in the case of a child less than six 

months old, the county in which the child lived from birth with any of the persons 

mentioned. A period of temporary absence of the child from the physical custody of the 

parent, institution, or person acting as parent shall not affect the six-month or other 

period;

“in loco parentis,” a person who puts himself or herself in the situation of a 

lawful parent by assuming the obligations incident to the parental relationship 

without going through the formality of a legal adoption. The status of in loco 

parentis embodies two ideas: (1) the assumption of a parental status; and (2) the 

discharge of parental duties; 

Note: See A.S. v. I.S., 130 A.3d 763, 766 n.3 (Pa. 2015).

‘‘legal custody[’’ means],” the right to make major decisions on behalf of the 

child, including, but not limited to, medical, religious, and educational decisions;
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“mediator,” an individual qualified under Pa.R.C.P. No. 1940.4 and who 

assists custody litigants independently from the procedures set forth in Pa.R.C.P. 

Nos. 1915.1 - 1915.25 by engaging the litigants in the alternative dispute 

principles in Pa.R.C.P. No. 1940.2 to resolve custody matters in whole or in part;

‘‘mediation,’’ the confidential process by which a neutral mediator assists 

the parties in attempting to reach a mutually acceptable agreement on issues 

arising in a custody action. Mediation is not a court proceeding; rather, it is an 

independent, non-record proceeding in lieu of court involvement for the purpose 

of assisting the parties to address the child’s best interest. An agreement 

reached by the parties must be based on the voluntary decisions of the parties 

and not the decision of the mediator. The agreement may resolve all or only some 

of the disputed issues. The parties are required to mediate in good faith, but are 

not compelled to reach an agreement. While mediation is an alternative means of 

conflict resolution, it is not a substitute for the benefit of legal advice. The 

participants in mediation shall be limited to the parties to the custody action, 

primarily the child’s parents and persons acting as parents. Except as provided 

in Pa.R.C.P. No. 1940.5(c), non-parties, including children, grandparents, and the 

parties’ attorneys, shall not participate in the mediation.

“non-record proceeding,” the initial office conference set forth in Pa.R.C.P. 

No. 1915.4-3. Mediation, as outlined in Pa.R.C.P. No. 1940.1 - 1940.9, shall not be 

construed as a non-record proceeding;

‘‘partial physical custody[’’ means],” the right to assume physical custody of the 

child for less than a majority of the time;

‘‘person acting as a parent[’’ means],” a person other than a parent, including an 

institution, who has physical custody of a child and who has either been awarded 

custody by a court or claims a right to custody. See also the definition of in loco 

parentis;

‘‘physical custody[’’ means],” the actual physical possession and control of a 

child;

‘‘primary physical custody[’’ means],” the right to assume physical custody of 

the child for the majority of time;

‘‘relocation[’’ means],” a change in a residence of the child [which]that

significantly impairs the ability of a non-relocating party to exercise custodial rights;
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‘‘shared legal custody[’’ means],” the right of more than one individual to legal 

custody of the child;

‘‘shared physical custody[’’ means],” the right of more than one individual to 

assume physical custody of the child, each having significant periods of physical 

custodial time with the child;

‘‘sole legal custody[’’ means],” the right of one individual to exclusive legal 

custody of the child;

‘‘sole physical custody[’’ means],” the right of one individual to exclusive 

physical custody of the child; and

‘‘supervised physical custody[’’ means],” custodial time during which an agency 

or an adult designated by the court or agreed upon by the parties monitors the 

interaction between the child and the individual with those rights.

Note: The term ‘‘supervised visitation’’ in the prior statute has been replaced by 

the term ‘‘supervised physical custody.’’

Note: The definitions of the terms of the various forms of legal custody and 

physical custody are taken from 23 Pa.C.S. § 5322(a).

For additional definitions, see the Uniform Child Custody Jurisdiction and 

Enforcement Act, 23 Pa.C.S. § 5402.

[Explanatory Comment—2008

The Uniform Child Custody Jurisdiction Act, formerly at subchapter B of 

Chapter 53 of the Domestic Relations Code, was repealed by Act 2004-39 and 

replaced by the Uniform Child Custody Jurisdiction and Enforcement Act at 

Chapter 54 of the Domestic Relations Code. Amendments throughout the rules 

governing procedures in child custody matters were necessary to make the rules 

consistent with the Uniform Child Custody Jurisdiction and Enforcement Act and 

to update the citations to the statutory provisions.]

Rule 1915.4-3. Non-Record Proceedings. Trials.

(a) Non-Record Proceedings. In [those jurisdictions that utilize]judicial 

districts utilizing an initial non-record proceeding [such as a conciliation conference
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or], i.e., office conference, if [no agreement is reached at]an agreement is not 

finalized by the conclusion of the proceeding, the conference officer[ or conciliator]

shall promptly notify the court that the matter should be listed for trial. [Any]A lawyer 

employed by, or under contract with, a judicial district or appointed by the court to serve 

as a [conciliator or mediator or] conference officer to preside over a non-record 

proceeding shall not practice family law before a conference officer, hearing officer, 

permanent or standing master, or judge of the same judicial district.

(b) Trial. The trial before the court shall be [de novo]de novo. The court 

shall hear the case and render a decision within the time periods set forth in

[Rule]Pa.R.C.P. No. 1915.4.
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Explanatory Comment - 2018

The amendment to this rule, in conjunction with the amendment to 

Pa.R.C.P. No. 1915.1, standardizes terminology used in the custody process and

identifies court personnel by title and in some cases qualifications. Of note, the 

term “mediator,” which had been included in the rule, has been omitted and is 

specifically defined in Pa.R.C.P. No. 1915.1.

As in the support rules, custody conference officers preside over 

conferences and hearing officers preside over hearings. Regardless of the

individual’s title, presiding over a conference or a hearing triggers the family law 

attorney practice preclusion in this rule and in Pa.R.C.P. No. 1915.4-2(b) in the 

case of a hearing officer. Mediators, as defined in Pa.R.C.P. No. 1915.1 and as 

qualified in Pa.R.C.P. No. 1940.4, do not preside over custody conferences or

hearings; rather, mediators engage custody litigants in alternative dispute 

resolution methods pursuant to Chapter 1940 of the Rules of Civil Procedure and, 

as such, the preclusion from practicing family law in the same judicial district in 

which an attorney/mediator is appointed is inapplicable.
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Rule 1940.2. Definitions.

As used in this Chapter, the following terms shall have the following meanings:

‘‘Mediation,’’ [is] the confidential process by which a neutral mediator assists the 

parties in attempting to reach a mutually acceptable agreement on issues arising in a 

custody action. [The role of the mediator is to assist the parties in identifying the 

issues, reducing misunderstanding, clarifying priorities, exploring areas of 

compromise and finding points of agreement.]Mediation is not a court 

proceeding; rather, it is an independent, non-record proceeding in lieu of court 

involvement for the purpose of assisting the parties to address the child’s best 

interest. An agreement reached by the parties must be based on the voluntary 

decisions of the parties and not the decision of the mediator. The agreement may 

resolve all or only some of the disputed issues. [Parties]The parties are required to 

mediate in good faith[,] but are not compelled to reach an agreement. While mediation 

is an alternative means of conflict resolution, it is not a substitute for the benefit of legal 

advice. The participants in mediation shall be limited to the parties to the custody 

action, primarily the child’s parents and persons acting as parents. Except as 

provided in Pa.R.C.P. No. 1940.5(c), non-parties, including children, grandparents, 

and the parties’ attorneys, shall not participate in the mediation.

Note: See Pa.R.C.P. No. 1915.1 for the definition of a person acting as a 

parent.

‘‘Memorandum of Understanding,’’ [is] the written document prepared by a 

mediator [which]that contains and summarizes the resolution reached by the parties 

during mediation. A Memorandum of Understanding is primarily for the benefit of the 

parties and is not legally binding on either party.

‘‘Orientation Session,’’ [is] the initial process of educating the parties on the 

mediation process so that they can make an informed choice about continued 

participation in mediation. This process may be mandated by the court and may be 

structured to include either group or individual sessions. An orientation session may 

also include an educational program for parents and children on the process of divorce 

and separation and the benefits of mediation in resolving custody disputes.

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Rule 1940.5. Duties of the Mediator. Role of the Mediator.

(a) As part of the orientation session, the mediator must inform the parties in 

writing of the following:
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(1) the costs of mediation;

Note: [Rule]Pa.R.C.P. No. 240 sets forth the procedures for obtaining leave to 

proceed [in forma pauperis]in forma pauperis when the parties do not have the 

financial resources to pay the costs of litigation. This rule applies to court-connected 

mediation services as well, so that parties without sufficient resources may file a petition 

seeking a waiver or reduction of the costs of mediation.

(2) the process of mediation;

(3) that the mediator does not represent either or both of the parties;

(4) the nature and extent of any relationships with the parties and any 

personal, financial, or other interests that could result in a bias or conflict of interest;

(5) that mediation is not a substitute for the benefit of independent 

legal advice; and

(6) that the parties should obtain legal assistance for drafting any 

agreement or for reviewing any agreement drafted by the other party.

(b) When mediating a custody dispute, the mediator shall ensure that the 

parties consider fully the best interests of the child or children.

(c) With the consent of the parties, the mediator may meet with the parties’ 

children or invite other persons to participate in the mediation.

(d) The role of the mediator is to assist the parties in identifying the 

issues, reducing misunderstandings, clarifying priorities, exploring areas of 

compromise, and finding points of agreement.

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