Rule 37 – Parent education; course content; mandatory attendance; information reporting

May 14, 2021 | Family Law, West Virginia

(a)Course content. – All parent education courses shall be subject to approval by the Supreme Court of Appeals, and shall educate and instruct parents about the following matters:

(1) how to prepare a parenting plan;
(2) mediation and other non-judicial methods available to assist parents in achieving agreement on a parenting plan;
(3) the negative effects on children of divorce and family dissolution, and the ways in which parents can lessen those negative effects;
(4) the negative effects on children of domestic abuse;
(5) resources available for dealing with domestic abuse.
(b)Mandatory attendance. – In proceedings involving minor children the parents shall be required to complete parent education, and shall file with the circuit clerk a certificate of completion. For good cause shown, parent education may be waived if the court places on the record a finding attendance is not necessary, and states the specific reasons for the finding. In the absence of such a waiver, parent education shall be completed by both parents prior to any mediation or other non- judicial dispute resolution undertaken to achieve agreement on a parenting plan. If mediation or other non-judicial dispute resolution is not required, parent education shall be completed by both parents prior to the final hearing. If one or both parents have failed to timely complete parent education, the court may halt proceedings, and in such circumstances shall enter a scheduling order setting the next hearing for a date certain and requiring the parents to complete parent education prior to that hearing. For good cause shown the court may conduct proceedings despite the failure of one or both parents to timely complete parent education.
(c)Information reporting. – All court personnel and providers of parent education shall provide the Supreme Court of Appeals such information as the court determines to be necessary for assessing these programs.

W. Va. R. Prac. & P. Fam. Ct. 37

Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.