PRINTER'S NO. 2014
No. 1677 Session of 1989
INTRODUCED BY BUNT, NOYE, VROON, JOHNSON, GEIST, TRELLO,
BATTISTO, FOX, DeLUCA, GANNON, E. Z. TAYLOR, ADOLPH,
ROBINSON, NAHILL, CIVERA AND RICHARDSON, JUNE 12, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 1989
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for enforcement of
3 visitation rights.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 53 of Title 23 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 CHAPTER 53
9 CUSTODY
10 * * *
11 SUBCHAPTER C
12 ENFORCEMENT OF VISITATION
13 Sec.
14 5381. Violation of visitation rights.
15 5382. Mediation and referral to court.
16 5383. Hearing.
17 5384. Disposition.
18 5385. Habitual violations.
1 § 5381. Violation of visitation rights.
2 (a) Notice of alleged denial of visitation rights.--Where a
3 noncustodial parent alleges in writing to have been willfully
4 denied child visitation by the custodial parent in violation of
5 a valid court order, the domestic relations office shall
6 transmit to the custodial parent, by certified mail, within five
7 days after receipt of the written allegation of denied
8 visitation, a notice which shall include the following
9 statement:
10 The noncustodial parent of your child (children) has
11 alleged that you have willfully denied that parent the
12 lawful visitation privileges granted that parent pursuant
13 to court order on the following date(s) ________________.
14 Failure to respond to this allegation in writing in seven
15 days to the domestic relations office shall be treated as
16 an admission that a violation of the court order did
17 occur, and may result in a modification in the existing
18 visitation arrangement to your detriment or in your being
19 jailed for contempt, or both.
20 (b) Mediation.--The notice shall also inform the custodial
21 parent of the fact that the domestic relations office will
22 schedule a mediation session between the parents in an attempt
23 to resolve the dispute.
24 § 5382. Mediation and referral to court.
25 (a) Mediation procedure.--If the custodial parent makes a
26 timely written response contesting the alleged wrongful denial
27 of visitation, one mediation session shall be arranged by the
28 domestic relations office with the objective of arranging for
29 and effectuating a makeup visitation. Mediation shall occur no
30 later than 15 days following the date the custodial parent's
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1 response is due. Mediation procedures shall be as provided by
2 local rule of court.
3 (b) Referral to court.--If mediation fails and if the
4 domestic relations officer assigned to the case has reason to
5 believe that visitation order has been violated, if the
6 custodial parent fails to attend the scheduled mediation
7 session, or if the custodial parent has failed to respond as
8 required under section 5381 (relating to violation of visitation
9 rights), the matter shall be immediately referred to the court
10 by the domestic relations officer. Simultaneously with court
11 referral, the domestic relations officer shall submit to the
12 court his recommendations regarding disposition under section
13 5384 (relating to disposition). The court shall schedule and
14 hold a hearing on the matter not later than ten days following
15 the date of the failed mediation session or the last date on
16 which mediation could have been scheduled pursuant to subsection
17 (a), whichever date first occurs.
18 § 5383. Hearing.
19 The parties, including the domestic relations office, shall
20 be provided notice of the hearing before the court as provided
21 by local rule of court.
22 § 5384. Disposition.
23 If the court finds that the custodial parent willfully
24 violated a visitation order, the court shall find the custodial
25 parent in contempt and order any one or more of the following:
26 (1) After notice to both parties and a hearing,
27 modification of the visitation order to meet the best
28 interest of the child.
29 (2) A requirement that makeup visitation be immediately
30 provided for the noncustodial parent to take the place of
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1 wrongfully denied visitation.
2 (3) An immediate commitment of the custodial parent to
3 prison until the court has reasonable cause to believe that
4 the parent will comply with the visitation order.
5 (4) An award of attorney fees and costs to the
6 noncustodial parent if such an award is deemed warranted
7 under the circumstances.
8 § 5385. Habitual violations.
9 Upon a custodial parent's third willful violation of a
10 visitation order within two years, the court shall, in addition
11 to ordering any one or more of the authorized dispositions under
12 section 5384 (relating to disposition), schedule and hold within
13 a reasonable time a hearing, the sole purpose of which shall be
14 to reopen the existing custody order to determine how to best
15 serve the interests of the child.
16 Section 2. This act shall take effect in 60 days.
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