Resolution Opposing Enactment of Recommendation 84 of the
Supreme Court of Pennsylvania Domestic Relations Procedural Rules Committee

WHEREAS, the Pennsylvania Supreme Court Domestic Relations Procedural Rules Committee has issued Recommendation 84, proposing amendments to the Child Custody Rules of Civil Procedure (“Recommendation 84”); and,

WHEREAS, Recommendation 84 has been reviewed and considered by the Family Law Section of the Philadelphia Bar Association; and,

WHEREAS, the Rule under consideration would have a significant impact upon child custody practice and procedure and would directly supersede the Supreme Court’s decision in Karis v. Karis, 518 Pa. 601; 544 A.2d 1328 (1988); and,

WHEREAS, the Family Law Section has determined that proposed Recommendation 84 will have a negative impact upon the welfare of children and families; and,

WHEREAS, the Family Law Section has prepared the Report of the Family Law Section of the Philadelphia Bar Association Opposing Recommendation 84 of the Supreme Court of Pennsylvania Domestic Relations Procedural Rules Committee (the “Report”), which is attached; and,

WHEREAS, the Family Law Section urges the Board of Governors to oppose Recommendation 84 and adopt the report.

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes enactment of the rule changes proposed by Recommendation 84.

AND BE IT FURTHER RESOLVED that the Board of Governors s adopts the Report of the Family Law Section Opposing Recommendation 84.

AND BE IT FURTHER RESOLVED that the Chancellor is hereby authorized to communicate this position to the Supreme Court of Pennsylvania Domestic Relations Procedural Rules Committee.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: DECEMBER 21, 2006