Pennsylvania Consolidated Statutes
23 Pa. Cons. Stat. § 5339 (2026)
Award of counsel fees, costs and expenses.
✓ current as of May 2026
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§ 5339. Award of counsel fees, costs and expenses.
Under this chapter, a court may award reasonable interim or final counsel fees, costs and expenses to a party if the court finds that the conduct of another party was obdurate, vexatious, repetitive or in bad faith. This section may not apply if that party engaged the judicial process in good faith to protect the child from harm.
(Apr. 15, 2024, P.L.24, No.8, eff. 120 days)
2024 Amendment. See section 1 of Act 8 of 2024 in the appendix to this title for special provisions relating to findings and declarations.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 2014–2026 · leading case: E.B. v. D.B., 209 A.3d 451 (Pa. Super. Ct. 2019).
E.B. v. D.B., 209 A.3d 451 (Pa. Super. Ct. 2019). “He requested that the court (1) suspend the Interim Order; (2) require Mother to produce information regarding her employment in Maryland; (3) require Mother to meet her burden of demonstrating that shared custody was in Child's best interest and that Mother was actually…”
Dong Yuan Chen v. Saidi, 100 A.3d 587 (Pa. Super. Ct. 2014). “matter of law or abuse its discretion when it determined that Husband, pursuant to the August 22, 2011 Agreed Order, had waived his right to take exceptions to the Equitable Distribution Master’s Report dated February 6, 2013? 2) Did the trial court err or abuse its discretion…”
P.J.A. v. H.C.N., 156 A.3d 284 (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5339. The parties’ extensive litigation history shows that neither of them is shy about charging the other with the slightest misconduct under the statute, and the trial court, with its extensive knowledge of the parties and their history, is fully able to assess…”
D.J.B. v. J.L.B. (Pa. Super. Ct. 2018). “Title 23 Pa.C.S. § 5339 sets forth the guidelines for an award of counsel fees and costs in custody matters.”
S.B. v. J.B., 44 Pa. D. & C.5th 289 (2015). “FACTS AND PROCEDURAL HISTORY Father filed a petition for counsel fees, costs, and expenses pursuant to 23 Pa. C. S. § 5339 on June 18,2014. Father’s petition was filed regarding mother’s petition for emergency custody filed on June 5, 2014 alleging father was sexually abusing…”
M.O. v. F.W.M. (Pa. Super. Ct. 2016). “” 23 Pa.C.S. § 5339. Issues 1 through 5 In his first five issues, Father challenges filings, rulings, and issues that were not before the trial court at the June 16, 2015 hearing.”
M.G. v. S.J. (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5339. Similar to our examination of Husband’s first set of issues, we will not alter an award of counsel fees absent an abuse of discretion.”
P.J.A. v. H.C.N. (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5339. The parties’ extensive litigation history shows that neither of them is shy about charging the other with the slightest misconduct under the statute, and the trial court, with its extensive knowledge of the parties and their history, is fully able to assess…”
L.A.B. v. J.c.b., Jr. (Pa. Super. Ct. 2017). “After returning for the afternoon session on May 27th, Mother’s counsel hand-delivered to both the trial court and Father’s counsel a request for counsel fees and costs pursuant to 23 Pa.C.S. § 5339. The evidentiary hearing was continued until May 31, 2016.”
M.G. v. S.J. (Pa. Super. Ct. 2018). “” 23 Pa.C.S. § 5339. Concerning the type of conduct that would warrant the imposition of counsel fees, this Court has explained that a custody filing is “vexatious” if it is “brought without legal or factual grounds and if the action served the sole purpose of causing annoyance.”
S.P. v. B.S. (Pa. Super. Ct. 2019). “Additionally, 23 Pa.C.S. § 5339 provides authority for the award of counsel fees and costs in custody matters, not only in cases of contempt, but also in cases where a party’s conduct is “obdurate, vexatious, repetitive or in bad faith.”
E.B. v. D.B. (Pa. Super. Ct. 2019). “He requested that the court (1) suspend the Interim Order; (2) require Mother to produce information regarding her employment in Maryland; (3) require Mother to meet her burden of demonstrating that shared custody was in Child’s best interest and that Mother was actually…”
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