PRINTER'S NO. 2729
No. 2107 Session of 1988
INTRODUCED BY BUNT, SIRIANNI, NAHILL, SAURMAN, R. C. WRIGHT,
FOX, FLICK, RITTER AND RICHARDSON, JANUARY 25, 1988
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 1988
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to
3 visitation.
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. Visitation.
15 5382. Hearing.
16 5383. Enforcement.
17 § 5381. Visitation.
18 (a) Notice.--Where a noncustodial parent alleges to have
1 been denied visitation under a valid court order, the domestic
2 relations office shall give to the custodial parent, within five
3 days after receipt of the notice of denied visitation, a notice
4 which shall include the following statement:
5 Failure to respond in seven days to the domestic
6 relations office shall be considered an admission that
7 visitation was in violation of a court order.
8 (b) Mediation.--If the custodial parent makes a timely reply
9 contesting the alleged wrongful denial of visitation, mediation
10 shall be arranged by the domestic relations office with the
11 objective of establishing a makeup visitation. Visitation
12 procedures shall be as provided by general rule.
13 (c) Violation of order.--If mediation fails and if the
14 domestic relations officer has found a visitation order has been
15 violated, either of the following recommendations shall be made
16 to the master:
17 (1) A makeup visitation order which shall include the
18 same type and duration of visitation as the visitation which
19 was denied and shall provide that the makeup visit time shall
20 be chosen by the noncustodial parent.
21 (2) Commencement of a civil contempt proceeding to
22 resolve the visitation dispute.
23 § 5382. Hearing.
24 (a) Notice.--The parties shall be provided notice of the
25 hearing before the master as provided by general rule.
26 (b) Makeup visitation.--If the domestic relations officer
27 recommends makeup visitation, the master shall determine whether
28 the visitation order was violated. If a violation has been
29 determined, the master may order makeup visitation. This
30 decision shall be treated as a final order.
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1 (c) Contempt.--If the domestic relations officer recommends
2 the commencement of civil contempt proceedings, the master may
3 file with the court a petition for an order to show cause why
4 the custodial parent should not be held in contempt.
5 § 5383. Enforcement.
6 If the court finds that the custodial parent willfully denied
7 a visitation order, the court shall find the custodial parent in
8 contempt and do any of the following:
9 (1) After notice to both parties and a hearing, modify
10 the visitation order to meet the best interest of the child.
11 (2) Require that makeup visitation be provided for the
12 noncustodial parent to take the place of wrongfully denied
13 visitation.
14 (3) Commit the custodial parent to prison until the
15 court has reasonable cause to believe that the parent will
16 comply with the visitation order.
17 Section 2. This act shall take effect in 60 days.
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