CUMBERLAND COUNTY Custody Orders; Relocation [42 Pa.B. 3579]
[Saturday, June 23, 2012]Administrative Order And Now, this 31st day of May, 2012, the Cumberland County Court of Common Pleas having recognized that Section 5323 of the Domestic Relations Code Requires that all custody orders include a provision notifying a party's obligations regarding relocation set forth in Section 5337, it is hereby directed as follows:
a) In all custody actions involving a stipulated custody agreement submitted to the court for approval, the proposed custody order shall include a Notice Regarding Relocation provision. Said notification provision shall be (1) in the format set forth in Form 1, attached to the parties' proposed order and incorporated therein, or (2) set forth as a separate paragraph in the proposed order, in a form substantially similar to the following:
RELOCATION. No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. § 5337.
This order shall take effect July 1, 2012, or thirty (30) days from the date of publication in the Pennsylvania Bulletin.
By the Court
KEVIN A. HESS,
President JudgeForm 1 Relocation. Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements:
a. Notice must be sent no later than:
(1) the 60th day before the date of the proposed relocation.
(2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement.
b. Unless otherwise excused by law, the following information must be included in the notice:
(1) the address of the intended new residence.
(2) the mailing address, if not the same as the address of the intended new residence.
(3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence.
(4) the home telephone number of the intended new residence, if applicable.
(5) the name of the new school district and school.
(6) the date of the proposed relocation.
(7) the reason(s) for the proposed relocation.
(8) a proposal for a revised custody schedule.
(9) any other information which the party proposing the relocation deems appropriate.
(10) a counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and modification of a custody Order.
(11) a warning to the non-relocating party that, if the non-relocating party does not file with the court an objection to the proposed relocation within' 30 days after receipt of notice, non-relocating party shall be foreclosed from objecting to the relocation.
c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice.
d. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements.
e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist.
[Pa.B. Doc. No. 12-1151. Filed for public inspection June 22, 2012, 9:00 a.m.]
