23 Pennsylvania Consolidated Statutes Chapter 54 - Uniform Child Custody Jurisdiction And Enforcement

• Chapter Notes

Subchapter A.  General Provisions

• Section 5401 - Short Title Of Chapter
  This chapter shall be known and may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
• Section 5402 - 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...
• Section 5403 - Proceedings Governed By Other Law
  This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
• Section 5404 - Application To Native American Tribes
  (a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare...
• Section 5405 - International Application Of Chapter
  (a) Foreign country treated as state.--A court of this Commonwealth shall treat a foreign country as if it were a state of the United...
• Section 5406 - Effect Of Child Custody Determination
  A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served...
• Section 5407 - Priority
  If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of...
• Section 5408 - Notice To Persons Outside Commonwealth
  (a) General rule.--Notice required for the exercise of jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by...
• Section 5409 - Appearance And Limited Immunity
  (a) General rule.--A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or...
• Section 5410 - Communication Between Courts
  (a) General rule.--A court of this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter. (b) Participation...
• Section 5411 - Taking Testimony In Another State
  (a) General rule.--In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who...
• Section 5412 - Cooperation Between Courts; Preservation Of Records
  (a) Assistance of another state.--A court of this Commonwealth may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2)...

Subchapter B.  Jurisdiction

• Section 5421 - Initial Child Custody Jurisdiction
  (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an...
• Section 5422 - Exclusive, Continuing Jurisdiction
  (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth which has made a child...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Subchapter C.  Enforcement

• Section 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...
• Section 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...
• Section 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...
• Section 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:...
• Section 5445 - Registration Of Child Custody Determination
  (a) General rule.--A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous...
• Section 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...
• Section 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...
• Section 5448 - Expedited Enforcement Of Child Custody Determination
  (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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Subchapter D.  Intrastate Application

• Section 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...

Subchapter E.  Miscellaneous Provisions

• Section 5481 - Application And Construction
  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 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...

Last modified: October 8, 2016