(a) Verification.--A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.
(b) Petition.--A petition for enforcement of a child custody determination must state:
(1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding;
(3) whether any proceeding has been commenced that could affect the current proceeding, including 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;
(4) the present physical address of the child and the respondent, if known;
(5) whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials, and, if so, the relief sought; and
(6) if the child custody determination has been registered and confirmed under section 5445 (relating to registration of child custody determination), the date and place of registration.
(c) Hearing.--Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.
(d) Contest over validity of custody determination.--An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 5452 (relating to costs, fees and expenses) and may schedule a hearing to determine whether further relief is appropriate unless the respondent appears and establishes that:
(1) the child custody determination has not been registered and confirmed under section 5445 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 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 5444 (relating to temporary visitation), but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Subchapter B.
Cross References. Section 5448 is referred to in section 5451 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