Not every change of residence is considered a relocation under the custody relocation statute, 23 Pa. C.S.A. 5337. Determining what constitutes a relocation and when the requirements of the relocation statute apply are not always simple determinations. For example, is a move from the city to the suburbs a relocation? And what if the parents live in different states—is a change in the primary residence of the child a relocation?

The relocation statute was enacted in 2011 as part of a complete overhaul and repeal of the prior custody statutes. The statute created a procedure for parents to follow when relocating that provides uniformity, consistency and protection from unauthorized relocations. Prior to any relocation, the party seeking to move is required to send the nonrelocating party a notice of proposed relocation along with a counter-affidavit for the nonrelocating party to file with the court if there is an objection to relocation. In deciding whether a relocation should be permitted, the court is required to consider the 10 factors set forth in 5337(h). Since 2011, courts have been tasked with interpreting and applying the relocation statute to cases that do not neatly fall within the goals of the statute.