FORM 5.16 Petition for Emergency Ex Parte Relief

IN THE COURT OF COMMON PLEAS OF

__________________ COUNTY, PENNSYLVANIA

CIVIL ACTION-LAW

PLAINTIFF

vs No. CI -

DEFENDANT

PETITION FOR EMERGENCY

EX PARTE CUSTODY RELIEF

AND NOW, Petitioner, __________________, files this Petition for Emergency Ex Parte

Custody Relief against Respondent, and in support thereof, avers as follows:

1. Petitioner is __________________, who currently resides at __________________.

2. Respondent is __________________, who upon information and belief has been residing at

__________________ since on or about __________________. Prior to ______________,

Respondent resided at __________________.

3. The parties are the parents of the following child(ren): __________________.

4. The parties are former spouses having been married on __________________, and

divorced on __________________.

5. Pursuant to the [Agreement/Custody Order], Petitioner has the following custody rights:

__________________.

6. On or about __________________, Respondent moved from the residence in which she

and the children were residing.

7. Petitioner only found out that Respondent and the children had moved after trying to

contact the children by telephone and finding that the telephone lines had been disconnected at

the residence.

8. Petitioner last saw the children on __________________, when he had his partial physical

custody with the children pursuant to the parties' Agreement/Order.

9. On __________________, Respondent did not deliver the children to Petitioner pursuant

to the parties' custody Agreement/Order.

10. Respondent has not contacted Petitioner to tell him where she and the children are.

11. Petitioner is concerned about the welfare and safety of the children.

12. Petitioner believes that Respondent has unlawfully removed the children from the

jurisdiction and possibly out of the country in violation of the parties' custody Agreement and

Court Order.

13. Under Pennsylvania law, a parent with custody of minor children cannot relocate the

minor children without approval of the other parent or court approval. Mother has obtained

neither and has unlawfully relocated with the children in contravention of Gruber v. Gruber,

400 Pa. Super. 174, 583 A.2d 434 (1990) and

Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991).

14. Respondent has deprived Petitioner of his right to see the children. Respondent has

breached Petitioner's legal and physical custody rights. Petitioner loves the children and has

always had a loving relationship with them. Respondent's conduct in removing the children

clandestinely and in total disregard of the parties' Agreement and in violation of Pennsylvania

law is unconscionable and certainly contrary to the best interests of the children.

WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the Petition

for Emergency Ex Parte Custody Relief and enter an Order as follows:

(a) Directing that Respondent immediately return to the jurisdiction of this Court with the

children and issue a bench warrant for her arrest and return to the jurisdiction;

(b) Directing that Respondent shall relinquish her passport and the children's passports to the

Court;

(c) Awarding Petitioner sole legal and physical custody of the children until further hearing;

(d) Pursuant to the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping

Prevention Act, the courts and law enforcement agencies in whatever jurisdiction in which

Respondent and/or the children may be found are directed to enforce this Order to ensure that

the children are returned to Pennsylvania and surrendered to Petitioner's custody;

(e) If Respondent and/or the children are found in another country that is a signatory to the

Hague Convention on International Child Abduction, the controlling authority for that jurisdiction

shall be contacted to ensure that the children are returned to the jurisdiction of this Court;

(f) Directing Respondent to pay Father's counsel fees, costs and expenses, including fees for

private investigators, that are the result of the efforts by Petitioner and Petitioner's counsel to

locate Respondent and bring her and the children before the Court; and

(g) Permitting Petitioner to engage in open discovery pursuant to Pennsylvania Rules of

Civil Procedure 4001, et. seq., in order to determine the whereabouts of Respondent and the

children.

Respectfully submitted,

Date

__________________

[Verification]