§ 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 5205, 5421, 5422, 5423, 5426, 5428, 5450,
5454 of this title; section 4604 of Title 51 (Military Affairs).
Notes of Decisions
Cited in
5
cases, 2017–2020 · leading case:
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018).
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018).
· cites it 2× “23 Pa.C.S. § 5424. New York Domestic Relations Law 76(f) is the New York codification of what we recognize as 23 Pa.”
J.D. v. N.T. (n.k.a. T.) (Pa. Super. Ct. 2017).
· cites it 2× “§ 5421(a) [(Initial child custody determination)]; (ii) even if [the trial] [c]ourt had jurisdiction to enter them, it no longer has such jurisdiction, see 23 Pa.C.S. § 5424 [(Temporary emergency jurisdiction)]; and (iii) should the foregoing two positions fail, jurisdiction…”
C.C.W. v. M.R. (Pa. Super. Ct. 2018).
· cites it 2× “23 Pa.C.S. § 5424. -6- J-A17015-18 Father’s counsel argued that the trial court should retain jurisdiction and rule on Mother’s custody request after the dependency litigation in West Virginia is resolved.”
A.K. v. W.K. (Pa. Super. Ct. 2020).
· cites it 2× “In its Rule 1925 opinion, the trial court explained that it issued this order based upon its belief that it had temporary emergency jurisdiction pursuant to 23 Pa.C.S. § 5424,5 and “because Mother herself [had] stated [in her motion for reconsideration] that Colorado was the…”
R.E.P. v. J.H. (Pa. Super. Ct. 2017).
“On May 20, 2016, the trial court entered a consent order that granted it temporary emergency jurisdiction over the matter pursuant to 23 Pa.C.S. § 5424(b) pending its decision whether to exercise or relinquish jurisdiction.”
— 23 Pa. Cons. Stat. § 5424(a) — 2 cases
J.D. v. N.T. (n.k.a. T.) (Pa. Super. Ct. 2017).
“§ 5421(a) [(Initial child custody determination)]; (ii) even if [the trial] [c]ourt had jurisdiction to enter them, it no longer has such jurisdiction, see 23 Pa.C.S. § 5424 [(Temporary emergency jurisdiction)]; and (iii) should the foregoing two positions fail, jurisdiction…”
A.K. v. W.K. (Pa. Super. Ct. 2020).
“In its Rule 1925 opinion, the trial court explained that it issued this order based upon its belief that it had temporary emergency jurisdiction pursuant to 23 Pa.C.S. § 5424,5 and “because Mother herself [had] stated [in her motion for reconsideration] that Colorado was the…”
— 23 Pa. Cons. Stat. § 5424(b) — 1 case
R.E.P. v. J.H. (Pa. Super. Ct. 2017).
“On May 20, 2016, the trial court entered a consent order that granted it temporary emergency jurisdiction over the matter pursuant to 23 Pa.C.S. § 5424(b) pending its decision whether to exercise or relinquish jurisdiction.”
— 23 Pa. Cons. Stat. § 5424(d) — 2 cases
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018).
“23 Pa.C.S. § 5424. New York Domestic Relations Law 76(f) is the New York codification of what we recognize as 23 Pa.”
C.C.W. v. M.R. (Pa. Super. Ct. 2018).
“23 Pa.C.S. § 5424. -6- J-A17015-18 Father’s counsel argued that the trial court should retain jurisdiction and rule on Mother’s custody request after the dependency litigation in West Virginia is resolved.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.