Rule 16.2 – Divorcing and Separating Parents Education Program

May 15, 2021 | Delaware, Family Law

(a) Parent Education Program There shall be a Court approved parent education program required for parents in custody and visitation proceedings.

(1) Parents. Both parties to a custody or visitation proceeding shall participate in a Court approved education program. Each party shall pay the provider of the parent education program, according to a Court approved schedule of fees, for their individual participation. The Court approved fees shall have a “sliding scale” provision.

(2) Scheduling and attendance. Each party shall be provided with a list of Court approved education program providers, and shall be responsible for arranging enrollment in a particular course.

(3) Completion of program. All participants completing a court approved program shall be given a certificate of completion verified by the provider. The petitioner, by the filing of a custody petition, or by retaining jurisdiction over custody in a divorce filing, voluntarily submits to the jurisdiction of the Court, and shall complete the education program. The petitioner shall submit an original copy of the certificate of completion for the petitioner prior to the scheduling of a final custody or visitation proceeding before a judge or commissioner. Failure to submit such certificate within 180 days of the filing of the petition will result in the petition being dismissed.

(4) Waiver. The requirement under this Rule may be waived by Court order upon a showing of good cause. Parties seeking a waiver shall file a motion consistent with Family Court Civil Rule 7(b).

(5) Previous completion of program. A litigant having previously completed a Court approved education program may submit a copy of the original certificate, certified by the provider, in satisfaction of the requirement under this Rule.

(6) Priority scheduling request and interim orders. Requests for priority scheduling and interim orders may be granted by the Court prior to completion of the Court approved education program. The requirements under this Rule must be met, however, prior to the scheduling of a final hearing before a judge, commissioner, or master.

(b) Failure to comply. Failure of both parties to comply with the Rule may result in dismissal, with prejudice, of the application before the Court.

Del. Fam. Ct. R. Civ. P. 16.2

Amended August 1, 2006; amended November 28, 2007, eff. January 1, 2008.