Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 54
Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5427 (2026)

 Inconvenient forum.

✓ current as of May 2026
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§ 5427.  Inconvenient forum.

(a)  General rule.--A court of this Commonwealth which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion or request of another court.

(b)  Factors.--Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1)  whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2)  the length of time the child has resided outside this Commonwealth;

(3)  the distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;

(4)  the relative financial circumstances of the parties;

(5)  any agreement of the parties as to which state should assume jurisdiction;

(6)  the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7)  the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8)  the familiarity of the court of each state with the facts and issues in the pending litigation.

(c)  Stay.--If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d)  Jurisdiction declined.--A court of this Commonwealth may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

 

Cross References.  Section 5427 is referred to in sections 5421, 5423, 5426, 5428 of this title.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 2010–2026 · leading case: J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018).
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J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018). · cites it 4× “On March 23, 2017, Mother filed preliminary objections to Father's complaint on the basis of forum non conveniens and requested that the trial court transfer jurisdiction of the custody matter to New York pursuant to 23 Pa.C.S. § 5427, which we set forth infra .”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). · cites it 4× “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
A.D. v. M.A.B., 989 A.2d 32 (Pa. Super. Ct. 2010). · cites it 2× “We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm.”
B.J.D. v. D.L.C., 19 A.3d 1081 (Pa. Super. Ct. 2011). · cites it 2× “The trial court concluded, however, that it needed to transfer the matter to a place of “stable jurisdiction,” and pursuant to 23 Pa.C.S. § 5427, forum non conve-niens, Oklahoma was the best place for the convenience of the parties.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). · cites it 4× “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). · cites it 4× “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). · cites it 4× “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
In the Interest of: G.G.B., Appeal of: J.B. (Pa. 2026). · cites it 4× “2 Venue[,] and 23 Pa.C.S. §5427 Inconvenient Forum.” Id.”
Ad v. Mab, 989 A.2d 32 (Pa. Super. Ct. 2010). · cites it 2× “We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm.”
Bjd v. Dlc, 19 A.3d 1081 (Pa. Super. Ct. 2011). · cites it 2× “The trial court concluded, however, that it needed to transfer the matter to a place of "stable jurisdiction," and pursuant to 23 Pa.C.S. § 5427, forum non conveniens, Oklahoma was the best place for the convenience of the parties.”
Fetters, E. v. Fetters, C. (Pa. Super. Ct. 2018). · cites it 3× “Because we discern no abuse of discretion by the trial court in its application of 23 Pa.C.S. § 5427 in this case, we affirm the subject order.”
B.A.B. v. J.J.B. (Pa. Super. Ct. 2017). · cites it 2× “” 23 Pa.C.S. § 5427(a). The statute provides the following, non- exhaustive list of factors a trial court should consider in making this determination: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the…”
Show all 22 citing cases →
— 23 Pa. Cons. Stat. § 5427(a) — 11 cases
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018). “On March 23, 2017, Mother filed preliminary objections to Father's complaint on the basis of forum non conveniens and requested that the trial court transfer jurisdiction of the custody matter to New York pursuant to 23 Pa.C.S. § 5427, which we set forth infra .”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B. (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5427(a). The statute provides the following, non- exhaustive list of factors a trial court should consider in making this determination: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the…”
K.R. v. E.s.c., Sr. (Pa. Super. Ct. 2017).
J.D.H. v. T.T. (Pa. Super. Ct. 2020).
— 23 Pa. Cons. Stat. § 5427(b) — 4 cases
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018). “On March 23, 2017, Mother filed preliminary objections to Father's complaint on the basis of forum non conveniens and requested that the trial court transfer jurisdiction of the custody matter to New York pursuant to 23 Pa.C.S. § 5427, which we set forth infra .”
In the Interest of: G.G.B., Appeal of: J.B. (Pa. 2026). “2 Venue[,] and 23 Pa.C.S. §5427 Inconvenient Forum.” Id.”
P.S.K. v. D.K.K. (Pa. Super. Ct. 2015).
Fetters, E. v. Fetters, C. (Pa. Super. Ct. 2018). “Because we discern no abuse of discretion by the trial court in its application of 23 Pa.C.S. § 5427 in this case, we affirm the subject order.”
— 23 Pa. Cons. Stat. § 5427(b)(1) — 5 cases
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B. (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5427(a). The statute provides the following, non- exhaustive list of factors a trial court should consider in making this determination: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the…”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
— 23 Pa. Cons. Stat. § 5427(b)(5) — 4 cases
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
B.A.B. v. J.J.B., 166 A.3d 395 (Pa. Super. Ct. 2017). “Therefore, we conclude the Lebanon County court applied the correct law — 23 Pa.C.S. § 5427 — when it considered whether York County was a more convenient venue for the parties’ custody proceedings.”
— 23 Pa. Cons. Stat. § 5427(c) — 1 case
Fetters, E. v. Fetters, C. (Pa. Super. Ct. 2018). “Because we discern no abuse of discretion by the trial court in its application of 23 Pa.C.S. § 5427 in this case, we affirm the subject order.”
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