Legal Information: Pennsylvania


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November 4, 2022

What could happen if I don't give proper notice to the non-relocating party?

If you don’t provide proper notice to the non-relocating party, the judge can treat this in one of the following ways:

  1. as a factor in making a decision regarding the relocation;
  2. as a factor in determining whether custody rights should be modified;
  3. as a reason for ordering the return of the child to the non-relocating party if you already relocated without reasonable notice;
  4. as a basis for ordering you to pay reasonable expenses and counsel fees of the non-relocating party’s objection to the relocation; and/or
  5. as a basis for contempt and sanctions (penalties) against you.1

However, the judge must also consider whether or not your failure to provide reasonable notice was caused in whole, or in part, by abuse. If so, the judge should consider that as a reason to “ease up” on you when considering which of the above should apply in your case.2

1 23 Pa.C.S.A. § 5337(j)
2 23 Pa.C.S.A. § 5337(k)

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