PRIOR PRINTER'S NOS. 423, 3122
PRINTER'S NO. 3194
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
437
Session of
2019
INTRODUCED BY KAIL, KAUFFMAN, KORTZ, PICKETT, RYAN, ROTHMAN,
T. DAVIS, JAMES, McNEILL, D. MILLER, MURT, LONGIETTI,
BERNSTINE, READSHAW, MEHAFFIE, GABLER, IRVIN, RADER, DeLUCA,
SIMMONS, GILLEN, STEPHENS, POLINCHOCK, ROWE, SCHEMEL,
HARKINS, SAYLOR, MULLINS, BENNINGHOFF, DELOZIER, JOZWIAK AND
TOOHIL, FEBRUARY 11, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 21, 2020
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for award of custody.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5323(g)(1) of Title 23 of the
Pennsylvania Consolidated Statutes is amended by adding a
subparagraph to read:
§ 5323. Award of custody.
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(g) Contempt for noncompliance with any custody order.--
(1) A party who willfully fails to comply with any
custody order may, as prescribed by general rule, be adjudged
in contempt. Contempt shall be punishable by any one or more
of the following:
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(vi) A temporary modification of the physical
custody schedule so that the child receives compensatory
parenting time to make up for lost time that the child
would otherwise have spent with the party who brought the
contempt action.
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Section 2. This act shall take effect in 60 days.
(VI) A TEMPORARY MODIFICATION OF THE CUSTODY ORDER.
IF THE COURT ORDERS SUCH A TEMPORARY MODIFICATION, THE
FOLLOWING APPLY:
(A) THE AMOUNT OF TIME COMPRISING THE TEMPORARY
MODIFICATION MAY NOT EXCEED THE AMOUNT OF TIME THE
CONTEMNOR HAS BEEN FOUND BY THE COURT TO HAVE DENIED
THE CHILD AND THE PETITIONER PURSUANT TO THE CUSTODY
ORDER UNDER WHICH THE PETITION FOR CONTEMPT HAS BEEN
FILED.
(B) THE DATES AND TIMES TO WHICH THE TEMPORARY
MODIFICATION APPLY MUST BE CLEARLY SET FORTH IN THE
TEMPORARY MODIFICATION OF THE CUSTODY ORDER.
(C) THE COURT MUST FIND THAT A TEMPORARY
MODIFICATION OF THE CUSTODY ORDER UNDER THIS
SUBPARAGRAPH IS IN THE BEST INTEREST OF THE CHILD.
(D) A COURT MAY NOT MODIFY A CUSTODY ORDER
BEYOND THE LIMITATIONS SPECIFIED IN THIS SUBPARAGRAPH
THROUGH A PETITION FOR CONTEMPT.
(E) NOTICE THAT THE ISSUE OF CUSTODY WILL BE
RAISED IN THE CONTEMPT PROCEEDING MUST BE CLEARLY
STATED.
(F) THE GOVERNING AUTHORITY, AS DEFINED IN 42
PA.C.S. § 102 (RELATING TO DEFINITIONS), SHALL
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DEVELOP PROCEDURES TO IMPLEMENT THE PROVISIONS OF
THIS SUBPARAGRAPH.
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SECTION 2. THE ADDITION OF 23 PA.C.S. § 5323(G)(1)(VI) SHALL
APPLY TO PETITIONS FOR CONTEMPT FILED ON OR AFTER THE EFFECTIVE
DATE OF THIS SECTION.
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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