Rule 16.4.Divorcing and separating parents’ education program

Ch. III: Pleadings and Motions · Last amended 2018 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 16.4 requires both parents in a custody or visitation case to complete a certified parent education programme, on pain of dismissal.

Full Text of Rule 16.4

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(a) Parent education program. --There shall be a Department of Services for Children, Youth, and Their Families (DSCYF) certified 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 DSCYF certified education program. Each party shall pay the provider of the parent education program, according to a DSCYF approved schedule of fees, for their individual participation. The DSCYF approved fees shall have a “sliding scale” provision.

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

(3) Completion of program. --All participants completing a DSCYF certified program shall be given a certificate of completion verified by the provider. The petitioner, by the filing of a custody petition, voluntarily submits to the jurisdiction of the Court, and shall complete the education program. The petitioner and respondent shall each submit his or her original copy of the certificate of completion prior to the final hearing.

(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). A party may also file a motion requesting the Court recognize a comparable education program. Such motion shall attach the program's curriculum and shall be filed consistent with Family Court Civil Rule 7(b).

(5) Previous completion of program. --A litigant having previously completed a DSCYF certified education program may request from the Court a copy of the certificate if it was filed with the Court in a prior matter. The copy may then be filed in the pending action. If the certificate of completion was not previously filed with the Court, the litigant shall submit a copy of the original certificate, certified by the provider, in satisfaction of the requirement under this Rule.

(b) Failure to comply. --Failure to comply with the Rule may result in dismissal of the petition before the Court.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Adopted effective January 1, 2018.]

Plain-English Summary

A short rule with real teeth.

The requirement. There is a parent education programme, certified by the Department of Services for Children, Youth, and Their Families, required for parents in custody and visitation proceedings. Both parties must participate, and each pays the provider according to an approved schedule.

Arranging it. Each party is given a list of certified providers and is responsible for enrolling in a course. On completion the provider issues a certificate. By filing a custody petition, the petitioner voluntarily consents to the certificate being filed with the court.

Getting out of it. The requirement may be waived by court order on a showing of good cause, sought by a motion under Rule 7(b). A litigant who has already completed a certified programme may ask the court for a copy of the certificate filed in an earlier matter rather than sitting the course again.

If you do not. Failure to comply may result in dismissal of the petition. That is an unusually direct consequence for an educational requirement, and it reflects what the programme is for: the court would rather parents understood what litigation does to children before it decides anything.

Frequently Asked Questions

Do I have to take a parenting class in a Delaware custody case?

Yes. Both parties to a custody or visitation proceeding must participate in a DSCYF certified parent education programme.

Who pays for the parent education programme?

Each party pays the provider, according to an approved schedule.

What if I already took the course?

A litigant who has previously completed a certified programme may request a copy of the certificate from the court if it was filed in a prior matter.

What happens if I do not complete it?

Failure to comply with the rule may result in dismissal of the petition before the court.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 16.4), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: Delaware parent education program custodyparenting class Delaware custodyDSCYF certified programFam. Ct. Civ. R. 16.4