Under the terms of the agreement, Appellant consented to Appellee's retaining physical custody of the children. Moreover, Appellee did not improperly retain the children after a visit or other temporary relinquishment of physical custody as he was not asked to return the children to Appellant at any time prior to Appellant's attempt to enforce the Virginia custody order. To the contrary, Appellee filed a petition to modify the Virginia decree only after Appellant had unilaterally taken physical custody of the children. Accordingly, we conclude that Section 5349 is inapplicable in the instant case and Appellant's issue warrants no relief. Based upon the foregoing analysis, we affirm the trial court's order, which overruled Appellant's preliminary objection to Pennsylvania jurisdiction.
Jurisdiction is relinquished.
1 This appeal is certified pursuant to Pa. We add that Virginia may no longer assert jurisdiction under its version of 23 Pa.