FORM 5.11 Petition for Emergency Injunctive Relief [Relocation]

IN THE COURT OF COMMON PLEAS

OF __________________ COUNTY, PENNSYLVANIA

CIVIL ACTION-LAW

PLAINTIFF

vs No. CI -

DEFENDANT

PETITION FOR EMERGENCY INJUNCTIVE RELIEF

Plaintiff, __________________, files this Petition for Emergency Injunctive Relief and avers

as follows:

1. Plaintiff is __________________ [Mother/Father], who currently resides at

__________________.

2. Defendant is __________________ [Mother/Father], who currently resides at

__________________.

3. The parties are the parents of the following minor [child/children]: __________________

__________________, who currently reside(s) at __________________.

4. On __________________, the Court entered a Custody Order, granting joint legal custody,

granting Defendant primary physical custody and granting Plaintiff partial physical custody. A

copy of said Order is attached hereto as Exhibit ``A.''

5. Plaintiff believes that Defendant intends to relocate with the [child/children] outside the

jurisdiction of this Court [state specifics as to the timing, location and basis of Plaintiff's

knowledge].

6. Such a move would be contrary to the [child's/children's] best interests.

7. The move would seriously impair Plaintiff's ability to be an active parent for the

[child/children].

8. Defendant intends to move the [child/children] to impair their relationship with Plaintiff.

9. Defendant does not have a valid basis for the move.

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

removal of the [child/children] from the jurisdiction, the Court must hold an evidentiary hearing

on the proposed relocation to examine the factors set forth in Gruber v. Gruber, 400 Pa.

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

11. The [child/children] must remain in this jurisdiction pending the evidentiary hearing.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an emergency

injunction preventing Defendant from removing the [child/children] from the Commonwealth of

Pennsylvania until such time as there can be a hearing to determine whether such a move is in

the [child's/children's] best interests.

Respectfully submitted,

__________________

[Verification]