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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5423 - Jurisdiction to modify determination

§ 5423. Jurisdiction to modify determination.
Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under section 5421(a)(1) or (2) (relating to initial child custody jurisdiction) and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 5422 (relating to exclusive, continuing jurisdiction) or that a court of this Commonwealth would be a more convenient forum under section 5427 (relating to inconvenient forum); or
(2) a court of this Commonwealth or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
Cross References.
Section 5423 is referred to in sections 5210, 5422, 5424, 5428 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5424 - Temporary emergency jurisdiction

§ 5424. Temporary emergency jurisdiction.
(a) General rule.--
A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse.
(b) No previous custody determination or proceeding.--
If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 5421 (relating to initial child custody jurisdiction) through 5423 (relating to jurisdiction to modify determination), a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 5421 through 5423. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 5421 through 5423, a child custody determination made under this section becomes a final determination if it so provides and this Commonwealth becomes the home state of the child.
(c) Previous custody determination or proceeding.--
If there is a previous child custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 5421 through 5423, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 5421 through 5423. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) Mandatory communication between courts.--
A court of this Commonwealth which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under sections 5421 through 5423, shall immediately communicate with the other court. A court of this Commonwealth which is exercising jurisdiction pursuant to sections 5421 through 5423, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order.
Cross References.
Section 5424 is referred to in sections 5205, 5421, 5422, 5423, 5426, 5428, 5450, 5454 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5425 - Notice; opportunity to be heard; joinder

§ 5425. Notice; opportunity to be heard; joinder.
(a) General rule.--
Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 5408 (relating to notice to persons outside Commonwealth) must be given to all persons entitled to notice under the laws of this Commonwealth as in child custody proceedings between residents of this Commonwealth, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.
(b) Lack of notice or opportunity to be heard.--
This chapter does not govern the enforceability of a child custody determination made without notice or any opportunity to be heard.
(c) Joinder and intervention.--
The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the laws of this Commonwealth as in child custody proceedings between residents of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5426 - Simultaneous proceedings

§ 5426. Simultaneous proceedings.
(a) General rule.--
Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under section 5427 (relating to inconvenient forum).
(b) Stay; communication with other court.--
Except as otherwise provided in section 5424, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 5429 (relating to information to be submitted to court). If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.
(c) Modification.--
In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5427 - Inconvenient forum

§ 5427. Inconvenient forum.
(a) General rule.--
A court of this Commonwealth which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion or request of another court.
(b) Factors.--
Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) the length of time the child has resided outside this Commonwealth;
(3) the distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assume jurisdiction;
(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issues in the pending litigation.
(c) Stay.--
If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) Jurisdiction declined.--
A court of this Commonwealth may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Cross References.
Section 5427 is referred to in sections 5421, 5423, 5426, 5428 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5428 - Jurisdiction declined by reason of conduct

§ 5428. Jurisdiction declined by reason of conduct.
(a) General rule.--
Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) or by other laws of this Commonwealth, if a court of this Commonwealth has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under sections 5421 (relating to initial child custody jurisdiction) through 5423 (relating to jurisdiction to modify determination) determines that this Commonwealth is a more appropriate forum under section 5427 (relating to inconvenient forum); or
(3) no court of any other state would have jurisdiction under the criteria specified in sections 5421 through 5423.
(b) Jurisdiction declined; remedy.--
If a court of this Commonwealth declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 5421 through 5423.
(c) Jurisdiction declined; expenses.--
If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this Commonwealth unless authorized by law other than this chapter.
Cross References.
Section 5428 is referred to in section 5421 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5429 - Information to be submitted to court

§ 5429. Information to be submitted to court.
(a) General rule.--
Subject to the rules set forth in Chapter 53 (relating to child custody) providing for the confidentiality of procedures, addresses and other identifying information in a child custody proceeding, each party in its first pleading or in an attached affidavit shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) has participated as a party or witness or in any other capacity in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and, if so, identify the court, the case number and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of or visitation with the child and, if so, the names and addresses of those persons.
(b) Stay.--
If the information required by subsection (a) is not furnished, the court upon motion of a party or its own motion may stay the proceeding until the information is furnished.
(c) Additional information.--
If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Duty to disclose other proceedings.--
Each party has a continuing duty to inform the court of any proceeding in this Commonwealth or any other state that could affect the current proceeding.
(e) Identifying information.--
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
Cross References.
Section 5429 is referred to in sections 5206, 5426, 5445 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5430 - Appearance of parties and child

§ 5430. Appearance of parties and child.
(a) General rule.--
In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to appear before the court in person with or without the child. The court may order any person who is in this Commonwealth and who has physical custody or control of the child to appear in person with the child.
(b) Party outside this Commonwealth.--
If a party to a child custody proceeding whose presence is desired by the court is outside this Commonwealth, the court may order that a notice given pursuant to section 5408 (relating to notice to persons outside Commonwealth) include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) Personal safety.--
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) Expenses.--
If a party to a child custody proceeding who is outside this Commonwealth is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5441 - Definitions

§ 5441. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Petitioner."
A person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
"Respondent."
A person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5442 - Enforcement under Hague Convention

§ 5442. Enforcement under Hague Convention.
Under this subchapter a court of this Commonwealth may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5443 - Duty to enforce

§ 5443. Duty to enforce.
(a) General rule.--
A court of this Commonwealth shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) Remedies.--
A court of this Commonwealth may utilize any remedy available under other laws of this Commonwealth to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5444 - Temporary visitation

§ 5444. Temporary visitation.
(a) General rule.--
A court of this Commonwealth which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b) Time to obtain permanent change in visitation.--
If a court of this Commonwealth makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subchapter B (relating to jurisdiction). The order remains in effect until an order is obtained from the other court or the period expires.
Cross References.
Section 5444 is referred to in section 5448 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5446 - Enforcement of registered determination

§ 5446. Enforcement of registered determination.
(a) General rule.--
A court of this Commonwealth may grant any relief normally available under the laws of this Commonwealth to enforce a registered child custody determination made by a court of another state.
(b) Modification.--
A court of this Commonwealth shall recognize and enforce but may not modify, except in accordance with Subchapter B (relating to jurisdiction), a registered child custody determination of a court of another state.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5447 - Simultaneous proceedings

§ 5447. Simultaneous proceedings.
If a proceeding for enforcement under this subchapter is commenced in a court of this Commonwealth and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subchapter B (relating to jurisdiction), the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5449 - Service of petition and order

§ 5449. Service of petition and order.
Except as otherwise provided in section 5451 (relating to warrant to take physical custody of child), the petition and order must be served by any method authorized by the laws of this Commonwealth upon respondent and any person who has physical custody of the child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5450 - Hearing and order

§ 5450. Hearing and order.
(a) General rule.--
Unless the court issues a temporary emergency order pursuant to section 5424 (relating to temporary emergency jurisdiction), upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) the child custody determination has not been registered and confirmed under section 5445 (relating to registration of child custody determination) and that:
(i) the issuing court did not have jurisdiction under Subchapter B (relating to jurisdiction);
(ii) the child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Subchapter B; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 5408 (relating to notice to persons outside Commonwealth), in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under section 5445 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Subchapter B.
(b) Costs, fees and expenses.--
The court shall award the costs, fees and expenses authorized under section 5452 (relating to costs, fees and expenses) and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) Refusal to testify.--
If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) Spousal privilege unavailable.--
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5451 - Warrant to take physical custody of child

§ 5451. Warrant to take physical custody of child.
(a) General rule.--
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this Commonwealth.
(b) Petition.--
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this Commonwealth, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 5448(b) (relating to expedited enforcement of child custody determination).
(c) Warrant.--
A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) Time of service.--
The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.
(e) Enforcement.--
A warrant to take physical custody of a child is enforceable throughout this Commonwealth. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) Appearance of child.--
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Cross References.
Section 5451 is referred to in section 5449 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5452 - Costs, fees and expenses

§ 5452. Costs, fees and expenses.
(a) General rule.--
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) Assessment against a state.--
The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter.
Cross References.
Section 5452 is referred to in sections 5448, 5450 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5453 - Recognition and enforcement

§ 5453. Recognition and enforcement.
A court of this Commonwealth shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under Subchapter B (relating to jurisdiction).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5454 - Appeals

§ 5454. Appeals.
An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 5424 (relating to temporary emergency jurisdiction), the enforcing court may not stay an order enforcing a child custody determination pending appeal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5455 - Role of prosecutor or public official

§ 5455. Role of prosecutor or public official.
(a) General rule.--
In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child or enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) Authority.--
A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Cross References.
Section 5455 is referred to in sections 5204, 5456, 5457 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5456 - Role of law enforcement

§ 5456. Role of law enforcement.
At the request of a prosecutor or other appropriate public official acting under section 5455 (relating to role of prosecutor or public official), a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under section 5455.
Cross References.
Section 5456 is referred to in section 5457 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5457 - Costs and expenses

§ 5457. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under section 5455 (relating to role of prosecutor or public official) or 5456 (relating to role of law enforcement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5471 - Intrastate application

§ 5471. Intrastate application.
The provisions of this chapter allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among the courts of common pleas of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5482 - Severability

§ 5482. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5501 - Definitions

§ 5501. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child."
An individual under 18 years of age.
"Injury."
Includes injury to the person and theft, destruction or loss of property.
"Parent."
Includes natural or adoptive parents.
"Person."
Includes government units and Federal agencies.
"Tortious act."
A willful tortious act resulting in injury.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5502 - Liability of parents

§ 5502. Liability of parents.
Any parent whose child is found liable or is adjudged guilty by a court of competent jurisdiction of a tortious act shall be liable to the person who suffers the injury to the extent set forth in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5503 - Establishing liability in criminal or juvenile proceedings

§ 5503. Establishing liability in criminal or juvenile proceedings.
(a) General rule.--
In any criminal proceeding against a child and in any proceeding against a child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because of the tortious act of the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505 (relating to monetary limits of liability).
(b) Noncompliance with direction of court.--
If the parents fail to comply with the direction of the court, the amount may be recovered in a civil action against the parents or either of them.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5504 - Establishing liability in civil proceedings

§ 5504. Establishing liability in civil proceedings.
(a) Petition.--
If a judgment has been rendered against the child in a civil action for injury because of the tortious act of the child and the judgment has not been satisfied within a period of 30 days, the injured person may petition the court for a rule to show cause why judgment should not be entered against the parent.
(b) Answer and trial.--
The parent may file an answer to the petition, and, if there is any dispute as to unlitigated facts, the case shall be set down for trial.
(c) Judgment.--
If there is no dispute as to the unlitigated facts, the court shall authorize the entry of a judgment against the parent. In no case shall the judgment against the parent exceed the limitations set forth in section 5505 (relating to monetary limits of liability).
(d) Action against parent.--
Notwithstanding any provision to the contrary, a victim of a willful, tortious act of a child may initiate a civil action directly against the parent or parents of the child who committed the tortious act for the purpose of receiving compensation for the injuries suffered, not to exceed the limitations set forth in section 5505.
(Apr. 21, 1994, P.L.128, No.15, eff. 60 days)
1994 Amendment.
Act 15 added subsec. (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5505 - Monetary limits of liability

§ 5505. Monetary limits of liability.
(a) General rule.--
Liability of the parents under this chapter shall be limited to:
(1) The sum of $1,000 for injuries suffered by any one person as a result of one tortious act or continuous series of tortious acts.
(2) The sum of $2,500 regardless of the number of persons who suffer injury as a result of one tortious act or continuous series of tortious acts.
(b) Proceedings where loss exceeds liability.--
In the event that actual loss as ascertained by the court or the judgment against the child exceeds $2,500, the parents shall be discharged from further liability by the payment of $2,500 into court. The court shall cause all aggrieved parties to submit itemized statements of loss in writing and shall make distribution proportionately, whether the claims be for injuries to the person or for theft, destruction or loss of property. The court may take testimony to assist it in making proper distribution and may appoint a master to accomplish this purpose. All costs and fees incurred in these proceedings shall be paid from the $2,500 paid into court.
(c) Joint acts by children of same parent.--
The limitations on liability set forth in subsections (a) and (b) shall be applicable when two or more children of the same parent engage jointly in the commission of one tortious act or series of tortious acts.
(Apr. 21, 1994, P.L.128, No.15, eff. 60 days)
Cross References.
Section 5505 is referred to in sections 5503, 5504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5506 - Double recovery for same injury prohibited

§ 5506. Double recovery for same injury prohibited.
In no case shall there be a double recovery for one injury. Any judgment against a child resulting from a tortious act for which a parent makes payment under this chapter shall be reduced by the amount paid by the parent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5508 - Liability of parent not having custody or control of child

§ 5508. Liability of parent not having custody or control of child.
(a) General rule.--
No liability may be imposed upon a parent under this chapter if, at the time of commission of the tortious act, the parent has neither custody of the child nor is entitled to custody of the child or if the child is institutionalized or emancipated.
(b) Exception.--
No parent is absolved of liability due to the desertion of the child by the parent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 55 - Liability for Tortious Acts of Children › Section 5509 - Other liability of parent or child unaffected

§ 5509. Other liability of parent or child unaffected.
The liability imposed upon parents by this chapter shall not limit the common-law liability of parents for damages caused by a child and shall be separate and apart from any liability which may be imposed upon the child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Extra - Chapter Notes

Enactment.
Chapter 56 was added November 24, 1998, P.L.811, No.103, effective in 60 days.
Enactment.
Subchapter C was added October 23, 2018, P.L.583, No.88, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5603 - Scope

§ 5603. Scope.
The provisions of Chapter 53 (relating to custody) and 20 Pa.C.S. Ch. 25 (relating to wills) shall apply to standby guardians, coguardians, guardians, temporary guardians and any alternates unless otherwise specified in this chapter. Nothing in this chapter shall be construed to deprive any parent, custodial or noncustodial, of legal parental rights. Nothing in this chapter shall be construed to relieve any parent, custodial or noncustodial, of a duty to support a child under the provisions of Chapter 43 (relating to support matters generally).
(Oct. 23, 2018, P.L.583, No.88, eff. 60 days)
References in Text.
Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5612 - Petition for approval of a designation

§ 5612. Petition for approval of a designation.
(a) General rule.--
A petition for court approval of a designation under this chapter may be made at any time by filing with the court a copy of the designation. If the triggering event has not occurred on or before the time of filing, only the designator may file the petition. If the triggering event has occurred on or before the time of filing, the standby guardian named in the designation may file the petition, and the petition shall also contain one of the following:
(1) A determination of the designator's incapacity.
(2) A determination of the designator's debilitation and the designator's signed and dated consent.
(3) A copy of the designator's death certificate.
(b) Notice.--
(1) The petitioner shall notify any person named in the designation within ten days of the filing of the petition and of any hearing thereon.
(2) If the petition alleges that a nondesignating parent cannot be located, that parent shall be notified in accordance with the notice provisions of the Pennsylvania Rules of Civil Procedure in Custody Matters. No notice is necessary to a parent whose parental rights have previously been terminated or relinquished.
(c) Jurisdiction.--
For purposes of determining jurisdiction under this chapter, the provisions of Chapter 54 (relating to uniform child custody jurisdiction and enforcement) shall apply.
(d) Presumptions.--
In a proceeding for judicial appointment of a standby guardian, a designation shall constitute a rebuttable presumption that the designated standby guardian is capable of serving as coguardian or guardian. When the designator is the sole surviving parent, when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to the designation, there shall be a rebuttable presumption that entry of the approval order is in the best interest of the child. In any case, if the court finds entry of the approval order to be in the best interest of the child, the court shall enter an order approving the designation petition.
(e) Approval without hearing.--
Approval of the designation without a hearing is permitted when the designator is the sole surviving parent, when the parental rights of any noncustodial parent have been terminated or relinquished or when all parties consent to entry of the approval order.
(f) Hearing.--
In the event a hearing is required, it shall be conducted in accordance with the proceedings set forth in Chapters 53 (relating to custody) and 54.
(g) Court appearance.--
The designator need not appear in court if the designator is medically unable to appear.
(June 15, 2004, P.L.236, No.39, eff. 60 days)
2004 Amendment.
Act 39 amended subsecs. (c) and (f).
References in Text.
Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).
Cross References.
Section 5612 is referred to in sections 5613, 5614 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5613 - Authority of standby guardian

§ 5613. Authority of standby guardian.
(a) General rule.--
The standby guardian shall have authority to act as coguardian or guardian upon the occurrence of the triggering event. The commencement of the standby guardian's authority to act as coguardian pursuant to a determination of incapacity, a determination of debilitation and consent or the receipt of consent alone shall not itself divest the designator of any parental rights but shall confer upon the standby guardian concurrent or shared custody of the child. The commencement of the standby guardian's authority to act as guardian pursuant to the death of the designator shall not confer upon the standby guardian more than physical and legal custody of the child as defined in Chapter 53 (relating to custody). A coguardian shall assure frequent and continuing contact with and physical access to the child and shall further assure the involvement of the parent, to include, to the greatest extent possible, in the decision making on behalf of the child.
(b) Effect of filing.--
The designator may file a petition for approval of a designation with the court at any time. If the petition is approved by the court before the occurrence of the triggering event, the standby guardian's authority will commence automatically upon the occurrence of the triggering event. No further petition or confirmation is necessary. If a designation has been made but the petition for approval of the designation has not been filed and a triggering event has occurred, the standby guardian shall have temporary legal authority to act as a coguardian or guardian of the minor without the direction of the court for a period of 60 days. The standby guardian shall within that period file a petition for approval in accordance with section 5612 (relating to petition for approval of a designation). If no petition is filed within the specified 60 days, the standby guardian shall lose all authority to act as coguardian or guardian. If a petition is filed but the court does not act upon it within the 60-day period, the temporary legal authority to act as coguardian or guardian shall continue until the court orders otherwise.
(c) Parental rights.--
The commencement of a coguardian's or guardian's authority under this subchapter may not itself divest a parent or legal guardian of any parental or guardianship rights.
(d) Restored capacity.--
If a licensed physician determines that the designator has regained capacity, the coguardian's authority which commenced pursuant to the occurrence of a triggering event shall become inactive, and the coguardian shall return to having no authority. Failure of a coguardian to comply with this provision and to immediately return the minor to the designator's care shall entitle the designator to an emergency hearing in a court of competent jurisdiction.
References in Text.
Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5614 - Revocation

§ 5614. Revocation.
(a) Prepetition.--
Prior to a petition being filed under section 5612 (relating to petition for approval of a designation), the designator may revoke a standby guardianship by simple destruction of the designation and notification of the revocation to the standby guardian.
(b) Postpetition.--
After a petition has been filed, the designator may revoke a standby guardianship by:
(1) executing a written revocation;
(2) filing the revocation with the court; and
(3) notifying the persons named in the designation of the revocation in writing.
(c) Unwritten revocation.--
Regardless of whether a petition has been filed, an unwritten revocation may be considered by the court if it can be proven by clear and convincing evidence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 56 - Standby and Temporary Guardianship › Section 5615 - Conflicting documents

§ 5615. Conflicting documents.
If a parent has appointed a testamentary guardian of the person or estate of a minor by will under 20 Pa.C.S. § 2519 (relating to testamentary guardian) and there is a conflict between that will and a duly executed written standby guardian designation, the document latest in date of execution shall prevail.