2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
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
     5421, 5422, 5423, 5426, 5428, 5450, 5454 of this title.

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