2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5448 - Expedited enforcement of child custody determination.

     § 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 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.