Child Custody, Relocation, Contempt and Modification

Two of the most talked about ­issues among family law practitioners and the bench are child relocation cases and whether custody orders may be ­modified at contempt hearings. I’ve written numerous times on these issues. Over the years, there have been multiple cases from the state Superior Court that address these issues. Every so often, a case comes down that causes one to scratch his head or provide clarity and further direction regarding issues such as these.

The recent case of J.M. v. K.W., 2017 Pa. Super. 167 (May 31), addresses both issues and is a very important case. The pertinent facts in the case are as follows: K.W. (the mother) and J.M. (the father) had two children, B.M. and V.M., during their marriage. After the parties separated, the father filed a complaint for custody. The day after the father filed his custody complaint, the ­parties “entered a stipulated custody agreement that accorded the mother primary physical custody of the children pending the custody trial.” According to the opinion, the trial court entered several orders and in a March 25, 2014, scheduling order it “specifically prohibited relocation without prior court approval pursuant to 23 Pa.C.S. Section 5337.” One month later, on April 24, 2014, the mother filed a counterclaim to the father’s custody complaint and issued “notice of her proposed relocation with B.M. and V.M. from her residence in Pottsville, Schuykill County, to Lancaster, Lancaster County, approximately one-and-one-half hours away.” The father then filed a counter-affidavit objecting to the mother’s proposed relocation. Prior to the court authorizing the mother to relocate, she relocated with the children to Lancaster during May 2015. She also purchased a property in Lancaster County two months thereafter, and enrolled the children in pre-school during her custodial periods. The father then filed a petition for special relief and contempt. On Dec. 24, 2015, the trial court entered an order that found the mother in contempt and as a sanction, reduced her primary physical custody to shared custody. The order referenced that it was to remain in effect until the underlining custody dispute was resolved. The mother filed a timely appeal.