(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
Section 5401 - Short title of chapter
Section 5403 - Proceedings governed by other law
Section 5404 - Application to Native American tribes
Section 5405 - International application of chapter
Section 5406 - Effect of child custody determination
Section 5408 - Notice to persons outside Commonwealth
Section 5409 - Appearance and limited immunity
Section 5410 - Communication between courts
Section 5411 - Taking testimony in another state
Section 5412 - Cooperation between courts; preservation of records
Section 5421 - Initial child custody jurisdiction
Section 5422 - Exclusive, continuing jurisdiction
Section 5423 - Jurisdiction to modify determination
Section 5424 - Temporary emergency jurisdiction
Section 5425 - Notice; opportunity to be heard; joinder
Section 5426 - Simultaneous proceedings
Section 5427 - Inconvenient forum
Section 5428 - Jurisdiction declined by reason of conduct
Section 5429 - Information to be submitted to court
Section 5430 - Appearance of parties and child
Section 5442 - Enforcement under Hague Convention
Section 5443 - Duty to enforce
Section 5444 - Temporary visitation
Section 5445 - Registration of child custody determination
Section 5446 - Enforcement of registered determination
Section 5447 - Simultaneous proceedings
Section 5448 - Expedited enforcement of child custody determination
Section 5449 - Service of petition and order
Section 5450 - Hearing and order
Section 5451 - Warrant to take physical custody of child
Section 5452 - Costs, fees and expenses
Section 5453 - Recognition and enforcement
Section 5455 - Role of prosecutor or public official
Section 5456 - Role of law enforcement
Section 5457 - Costs and expenses
Section 5471 - Intrastate application