CHILDREN OR VIA TEXT MESSAGING,
TELEPHONE CALLS, OR ELECTRONIC COMMUNICATION. VIOLATION OF THIS ORDER SHALL
RESULT lN IMPOSITION OF SEVERE SANCTIONS.
G. EACH PARENT SHALL PROVIDE THE OTHER WITH ADVANCED WRITIEN NOTICE
IF THE CHILDREN WILL BE SLEEPING OVERNIGHT OUTSIDE OF THE STATE OF THEIR
RESIDENCES, INCLUDING THE DATES OF TRAVEL, THE ADDRESS(ES) WHERE THE CHILDREN
WILL BE STAYING AND TELEPHONE NUMBERS WHERE THE CHILDREN CAN BE REACHED.
Ill. JURISDICTION AND RELOCATION:
A.PENNSYLVANIA RETAINS JURISDICTION OF ALL CUSTODY PLEADINGS BY EITHER
PARENT.
B. UNTIL SUCH TIME AS THE MINOR CHILDREN ARE FULLY EMANCIPATED, EACH
PARENT SHALL AT ALL TIMES KEEP THE OTHER PARENT APPRISED OF HIS OR HER
RESIDENTIAL ADDRESS AND TELEPHONE NUMBER (BOTH LAND LINE, IF ANY, AND CELL
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PHONE) AND SHALL PROMPTLY NOTIFY THE OTHER PARENT AND THE COURT IN WRITING,
IN ACCORDANCE WITH 23 PA. C.S. SECTION 5337, PRIOR TO AN INTENDED CHANGE
THEREOF (BY PROVIDING THE INTENDED DATE OF CHANGE OF ADDRESS, THE SPECIFIC
STREET, ROUTE ADDRESS, CITY OR COUNTY, STATE AND ZIP CODE AND PHONE NUMBER
OF THE INTENDED NEW ADDRESS), IN THE EVENT THAT EITHER PARTY INTENDS TO
PERMANENTLY CHANGE HIS OR HER RESIDENCE.
C. NEITHER SHALL MOVE THEIR RESIDENCE MORE THAN 15 MILES FARTHER AWAY
THAN THE PRESENT DISTANCES BETWEEN THEIR CURRENT RESIDENCES. IF EITHER PARTY
DETERMINES THAT IT IS NECESSARY TO RELOCATE HIS OR HER RESIDENCE, PARTIES ARE
OBLIGATED TO COMPLY WITH PENNSYLVANIA'S RELOCATION STATUTE AT 23 PA. C.S.
SECTION 5337 AND THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE.
IV. SECTION 5328 FACTORS:
THE COURT MADE THE FOLLOWING FINDINGS PURSUANT TO THE FACTORS
FOUND IN SECTION 5328 OF THE CUSTODY ACT:
(1) WHICH PARTY IS MORE LIKELY TO ENCOURAGE AND PERMIT FREQUENT AND
CONTINUING CONTACT BETWEEN THE CHILD AND ANOTHER PARTY. THE COURT FINDS
THAT FATHER IS MORE LIKELY TO ENCOURAGE AND PERMIT FREQUENT AND CONTINUING
CONTACT BETWEEN THE CHILDREN AND MOTHER. THE COURT FINDS THAT MOTHER HAS
DELIBERATELY INTERFERED WITH FATHER1S CUSTODY OF THE CHILDREN, NOT ONLY
REGARDING HIS TIME SPENT WITH THE CHILDREN, BUT THAT SHE HAS INTEREFERED WITH
THE QUALITY OF THE TIME THAT HE SPENDS WITH THE CHILDREN.
(2) THE PRESENT AND PAST ABUSE COMMIITED BY A PARTY OR MEMBER OF THE
PARTY'S HOUSEHOLD, WHETHER THERE IS A CONTINUED RISK OF HARM TO THE CHILD OR
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AN ABUSED PARTY AND WHICH PARTY CAN BETTER PROVIDE ADEQUATE PHYSICAL
SAFEGUARDS AND SUPERVISION OF THE CHILD. DESPITE MOTHER1S FILING A PETITION
FOR PROTECTION FROM ABUSE ON BEHALF OF MINOR CHILD~ AGAINST FATHER
DURING THE PENDENCY OF THJS CUSTODY LITIGATION, THIS FACTOR DOES NOT APPLY AS
THE PETITION WAS WITHDRAWN AND NO FINAL ORDER WAS ENTERED. MOREOVER, NO
CREDIBLE EVIDENCE WAS PRESENTED THAT FATHER POSES A RISK OF HARM TO THE
CHILDREN.
(3) THE PARENTAL DUTIES PERFORMED BY EACH PARTY ON BEHALF OF THE CHILD.
BOTH PARENTS HAVE DEMONSTRATED THAT THEY ARE CAPABLE OF AND HAVE BEEN
PERFORMING PARENTAL DUTIES ON BEHALF OF EACH CHILD.
(4) THE NEED FOR STABILITY AND CONTINUITY IN THE