Snyder, F. v. Hryhorchuk, C.
CourtSuperior Court of Pennsylvania
Date FiledOctober 26, 2026
Docket1099 EDA 2026
JudgeMcLaughlin
StatusPublished
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Full Opinion
J-S33015-26
2026 PA Super 238
FRANCIS SNYDER : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
CHRISTINA HRYHORCHUCK :
:
Appellant : No. 1099 EDA 2026
Appeal from the Order Entered March 24, 2026
In the Court of Common Pleas of Montgomery County Civil Division at
No(s): 2024-07573
BEFORE: McLAUGHLIN, J., KING, J., and BECK, J.
OPINION BY McLAUGHLIN, J.: FILED OCTOBER 26, 2026
Christina Hryhorchuck (“Mother”) appeals from the trial court’s custody
order. She argues the court violated her due process rights when it relied on
evidence that had not been admitted. We agree. We therefore vacate the
custody order and remand for proceedings consistent with this opinion.
Mother and Francis Snyder (“Father”) are parents to R.S., who was born
in March 2023 (“Child”). In April 2024, Father filed a complaint for custody of
Child. The next month, Mother filed a complaint for custody. The parties filed
numerous motions. The court held a multi-day custody hearing on August 13,
2024, September 10, 2024, November 21, 2024, and March 6, 2026. In
February 2025, the court ordered the parties to submit to a forensic
psychological evaluation by Chloe Haaz, Psy.D. In June 2025, the court also
ordered Father to undergo a substance abuse evaluation.
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Neither party entered the reports of the psychological evaluations or the
substance abuse evaluation into evidence, and neither provider testified as to
the reports. At the final hearing in March 2026, the court admitted into
evidence Father’s redacted version of the report from Mother’s psychological
evaluation. This was not the entirety of Mother’s report and did not include
any part of the report from Father’s evaluation. 1 The trial court stated it would
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1 At the March 2026 hearing, the parties referenced a redacted version of the
report admitted at a support hearing, and Mother argued Father violated an
order by submitting the redacted version to a third party:
[Father’s Counsel]: Yes. It is in the support record, the 169
pages you sent me yesterday from the court stenographer
[sic].
[Mother’s Counsel]: I guess he is putting that in, Your
Honor, as defense. It was not to be disseminated, period.
...
[Father’s Counsel]: Their motion for sanctions purports that
I submitted the entire Dr. Haaz report into the support
record. I redacted it to only the credibility issues.
...
[Mother’s Counsel]: Your Honor can weigh how you wish to
weigh. My reading of the order is that it is not to be
disseminated at all and it doesn’t make an exception for a
heavily redacted copy of said psychological evaluation.
[Father’s Counsel]: That goes to the admissibility of the
evidence.
THE COURT: I’ll take it under consideration.
N.T., Mar. 6, 2026, at 219-21. After this exchange, the court admitted into
evidence Father’s Exhibit F-34, which is a redacted version of the report from
Mother’s psychological evaluation. It appears this exhibit was in response to
(Footnote Continued Next Page)
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wait until “next week” to see what the Office of Children and Youth reported
about the most recent ChildLine report. N.T., Mar. 6, 2026, at 226. It also
does not appear that either party entered Mother’s medical records into
evidence or that the guardian ad litem testified or entered an appearance at
any hearing.
On March 24, 2026, the trial court entered a final custody order
awarding the parties shared legal and physical custody.2 The order referenced
portions of Mother’s evaluation report that were not included in the redacted
version admitted into evidence. In discussing the custody factors, the court
“adopt[ed] the evaluator’s opinion that these parties were locked into a
dysfunctional pattern of [intimate partner violence]” and discussed the
findings from the psychological evaluations in depth. Trial Ct. Op., filed Mar.
24, 2026, at 2, 5-7 (“Custody Factors Op.”). It also referenced Mother’s
medical records and discussed Father’s substance abuse evaluation. Id. at 5.
The court further noted that the Office of Children and Youth concluded the
third ChildLine report was unfounded. Id. at 3, 8. The court also found that
Mother had withdrawn a fourth protection from abuse petition “in part because
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Mother’s motion for sanctions for the unauthorized disclosure of confidential
psychological records. See Motion for Sanctions, filed Sept. 8, 2025.
2 The court also entered orders addressing the contempt motions.
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the Guardian Ad Litem opined that she did not believe the allegations that
Father abused the child.” Id. at 3; see also id. at 8.3
Mother filed a timely notice of appeal. She raises the following issues:
1. Whether the trial court committed an error of law by
basing its custody determination on reports, evaluations,
records, and other materials that were never introduced,
authenticated, or subject to cross-examination, in violation
of appellant’s due process rights and the requirement that
custody determinations be based upon competent evidence
of record.
2. Whether the trial court erred and abused its discretion by
relying upon materials outside the certified record, thereby
precluding meaningful appellate review.
Mother’s Br. at 19 (suggested answers omitted).
Mother claims the trial court erred as a matter of law when it relied on
reports, evaluations, records, and other materials that had not been admitted
into evidence, authenticated, or subjected to cross-examination. She points
out that the court had ordered psychological evaluations and a substance use
evaluation, but the reports of the evaluations had not been entered into
evidence and the evaluators did not testify at the hearing. She further states
the trial court relied on an “incomplete [Office of Children and Youth]
investigation, medical records, and opinions attributed to a Guardian ad Litem
despite the absence of testimony, admitted reports, or any opportunity for
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3 The court admitted as an exhibit the March 4, 2026 order stating the
protection from abuse petition had been withdrawn. N.T., Mar. 6, 2026, at 21-
22, 25; Father’s Ex. 16.
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cross-examination.” Id. at 22. Mother claims this violated Pennsylvania Rule
of Civil Procedure 1915.8(b) and her due process rights.
Mother also claims the court erred by relying on materials outside the
certified record, which precludes meaningful appellate review. She maintains
that there was no opportunity for her to object or request cross-examination
because the materials were not offered or admitted into evidence during the
custody hearings.
We will address Mother’s issues together. “A question regarding whether
a due process violation occurred is a question of law for which the standard of
review is de novo and the scope of review is plenary.” In Interest of S.L.,
202 A.3d 723, 729 (Pa.Super. 2019) (quoting Commonwealth v. Tejada,
161 A.3d 313, 317 (Pa.Super. 2017)). “[P]rocedural due process requires, at
its core, adequate notice, opportunity to be heard, and the chance to defend
oneself before a fair and impartial tribunal having jurisdiction over the case.”
Id. (quoting S.T. v. R.W., 192 A.3d 1155, 1161 (Pa.Super. 2018)). “[T]he in-
court presentation of evidence is a fundamental component of due process.”
Id. (citing M.O. v. F.W., 42 A.3d 1068, 1072 (Pa.Super. 2012)). Further, in
“almost every setting where important decisions turn on questions of fact, due
process requires an opportunity to confront and cross-examine adverse
witnesses.” Id. (citation omitted).
In addition, “[g]enerally, expert reports may not be used in child
custody contests unless the author of the report testifies and is subject to
cross-examination by the party adversely affected, or unless the parties
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consent.” M.O., 42 A.3d at 1072. Indeed, Rule 1915.8 provides that a
evaluator’s report in a custody case is not evidence unless and until admitted
in evidence and requires that the evaluator be subject to cross examination:
(a) The court may order the child(ren) and/or any party to
submit to and fully participate in an evaluation by an
appropriate expert or experts. The order, which shall be
substantially in the form set forth in Rule 1915.18, may be
made upon the court’s own motion, upon the motion of a
party with reasonable notice to the person to be examined,
or by agreement of the parties. The order shall specify the
place, manner, conditions and scope of the examination and
the person or persons by whom it shall be made and to
whom distributed. . . .
(b) Unless otherwise directed by the court, the expert shall
deliver to the court, to the attorneys of record for the
parties, to any unrepresented party, and to the guardian ad
litem and/or counsel for the child, if any, copies of any
reports arising from the evaluation setting out the findings,
results of all tests made, diagnosis and conclusions. No
reports shall be filed of record or considered evidence
unless and until admitted by the court. Any report which
is prepared at the request of a party, with or without a court
order, and which a party intends to introduce at trial, must
be delivered to the court and the other party at least thirty
days before trial. If the report or any information from
the evaluator is provided to the court, the evaluator
shall be subject to cross-examination by all counsel
and any unrepresented party without regard to who
obtains or pays for the evaluation.
Pa.R.Civ.P. 1915.8(a)-(b) (emphasis added).
Here, the psychological evaluation reports were never admitted into
evidence and the evaluator did not testify at the hearing. The trial court cites
the transcript where it states it would order the evaluations as support for the
reports’ admission. Trial Ct. Op., June 9, 2026, at 2 (quoting N.T., 11/21/24,
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at 46).4 However, pursuant to Rule 1915.8, directing the parties to undergo
evaluations and admitting the reports into evidence are two separate steps.
See Pa.R.Civ.P. 1915.8(a)-(b); see also Ottolini v. Barrett, 954 A.2d 610,
614 (Pa.Super. 2008) (finding the father did not waive the challenge to use of
psychological reports, and finding court erred in relying on psychological
reports, where reports were not entered into evidence and the evaluator was
not called as a witness). Similarly, neither party entered into evidence Father’s
substance abuse report, Mother’s medical records, or the findings from the
Office of Children and Youth that the ChildLine report was unfounded. 5
Further, we have not located testimony or statements from the guardian ad
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4 The exchange was as follows:
The Court: I’ll tell you right now I’m inclined to do psych
evaluations on both [parties].
[Father’s Counsel]: I have taken that in and out of my
closing whether there should be psych evaluations, so I’m
not going to oppose that.
The Court: What do you think?
[Mother’s Counsel]: I want a forensic.
The Court: Okay. I’d like them to see the same person, that
way it makes it a lot easier.
N.T., 11/21/24, at 46.
5 Mother ostensibly waived a challenge to the use of the email from the Office
of Children and Youth regarding the ChildLine report because she did not
object or request an additional hearing when the court noted it would wait
until it heard from the Office and Children and Youth. Nonetheless, even if she
waived such a challenge, remand still would be necessary because the court
used the remaining unadmitted evidence without warning.
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litem to support the court’s assertion that the protection from abuse petition
was withdrawn because the guardian ad litem did not believe abuse had
occurred.
Although Mother did not raise an objection to this evidence in the trial
court, Father did not attempt to admit the evaluations, records, or testimony,
no witnesses testified regarding the matters, and the court did not inform the
parties it intended to consider the evidence. Mother therefore had no reason
to object during the hearing. Nor could she have raised the issue in a motion
for post-trial relief. See Pa.R.Civ.P. 1915.10(d) (barring motions for post-trial
relief in custody actions).
The trial court violated Mother’s due process rights when it considered
and relied on evidence not admitted into the record. The court relied heavily
on the unadmitted evidence in reaching its custody determination.
Accordingly, we vacate the order awarding custody and remand for a new
custody hearing, to be held within 60 days of the date of this memorandum. 6
See Ottolini, 954 A.2d at 615.
Order vacated. Case remanded. Jurisdiction relinquished.
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6 We further note that, because the psychological reports and the other pieces
of evidence are not part of the certified record, we would be unable to rely on
the items to determine whether the record supported the court’s factual
findings or whether it erred in awarding custody. See Brandon v. Ryder
Truck Rental, Inc., 34 A.3d 104, 106 n.1 (Pa.Super. 2011) (stating “[i]t is
black letter law in this jurisdiction that an appellate court cannot consider
anything which is not part of the record in this case” and “[a]ny document
which is not part of the official certified record is considered to be nonexistent,
which deficiency may not be remedied by inclusion in the reproduced record”
(citation omitted)).
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Date: 10/26/2026
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