§ 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 under this subchapter
if, at the time of the commencement of the proceeding, a proceeding concerning the
custody of the child has been commenced in a court of another state having jurisdiction
substantially in conformity with this chapter unless the proceeding has been terminated
or is stayed by the court of the other state because a court of this Commonwealth
is a more convenient forum under section 5427 (relating to inconvenient forum).
(b) Stay; communication with other court.--Except as otherwise provided in section 5424, a court of this Commonwealth, before
hearing a child custody proceeding, shall examine the court documents and other information
supplied by the parties pursuant to section 5429 (relating to information to be submitted
to court). If the court determines that a child custody proceeding has been commenced
in a court in another state having jurisdiction substantially in accordance with this
chapter, the court of this Commonwealth shall stay its proceeding and communicate
with the court of the other state. If the court of the state having jurisdiction substantially
in accordance with this chapter does not determine that the court of this Commonwealth
is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.
(c) Modification.--In a proceeding to modify a child custody determination, a court of this Commonwealth
shall determine whether a proceeding to enforce the determination has been commenced
in another state. If a proceeding to enforce a child custody determination has been
commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an order of a court of the
other state enforcing, staying, denying or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 2007–2026 · 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. § 5426, Uniform Law Cmt. (emphases added).”
M.E.V. v. R.D.V., 57 A.3d 126 (Pa. Super. Ct. 2012).
· cites it 3× “23 Pa.C.S. § 5426 (emphasis added). 2 The statute defines commencement as occurring upon “[t]he filing of the first pleading in a proceeding.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017).
“23 Pa.C.S. § 5426. 10 Mother maintains that because a dependency action was pending in York County at the time the petition to modify custody was filed in Lebanon County, York County was “first in time” and had “jurisdictional priority” over all custody matters concerning the…”
R.E.P. v. J.H. (Pa. Super. Ct. 2017).
“2012) (“a trial court MUST not exercise jurisdiction when another state has jurisdiction priority”); 23 Pa.C.S. § 5426(a) (regarding simultaneous proceedings).”
R.S.M. v. L.K.M. (Pa. Super. Ct. 2018).
“” See 23 Pa.C.S. § 5426(a) (“a court of this Commonwealth may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having…”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017).
“23 Pa.C.S. § 5426. 10 Mother maintains that because a dependency action was pending in York County at the time the petition to modify custody was filed in Lebanon County, York County was “first in time” and had “jurisdictional priority” over all custody matters concerning the…”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017).
“23 Pa.C.S. § 5426. 10 Mother maintains that because a dependency action was pending in York County at the time the petition to modify custody was filed in Lebanon County, York County was “first in time” and had “jurisdictional priority” over all custody matters concerning the…”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017).
“23 Pa.C.S. § 5426. 10 Mother maintains that because a dependency action was pending in York County at the time the petition to modify custody was filed in Lebanon County, York County was “first in time” and had “jurisdictional priority” over all custody matters concerning the…”
Aftab, T. v. Mahmood, A. (Pa. Super. Ct. 2026).
“subject matter jurisdiction over Wife’s custody claim and personal jurisdiction over Husband to decide Wife’s economic claims; dismiss count two (marital property) of the amended divorce complaint; dismiss the APL complaint at docket number DR- 00062-25; and remand for the trial…”
Brightshue v. Carlson, 82 Pa. D. & C.4th 138 (2007).
“*142 ORDER And now, January 22,2007, upon consideration of the matters and issues set forth in the attached opinion, further proceedings in this case are hereby stayed in accordance with the provisions of the Uniform Child Custody Jurisdiction Act, 23 Pa.”
— 23 Pa. Cons. Stat. § 5426(a) — 2 cases
R.E.P. v. J.H. (Pa. Super. Ct. 2017).
“2012) (“a trial court MUST not exercise jurisdiction when another state has jurisdiction priority”); 23 Pa.C.S. § 5426(a) (regarding simultaneous proceedings).”
R.S.M. v. L.K.M. (Pa. Super. Ct. 2018).
“” See 23 Pa.C.S. § 5426(a) (“a court of this Commonwealth may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having…”
— 23 Pa. Cons. Stat. § 5426(b) — 2 cases
M.E.V. v. R.D.V., 57 A.3d 126 (Pa. Super. Ct. 2012).
“23 Pa.C.S. § 5426 (emphasis added). 2 The statute defines commencement as occurring upon “[t]he filing of the first pleading in a proceeding.”
Brightshue v. Carlson, 82 Pa. D. & C.4th 138 (2007).
“*142 ORDER And now, January 22,2007, upon consideration of the matters and issues set forth in the attached opinion, further proceedings in this case are hereby stayed in accordance with the provisions of the Uniform Child Custody Jurisdiction Act, 23 Pa.”
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.