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Do you have to notify your ex when you move if there is a PFA?

Erie, PA |

If you have a PFA against your ex so he cannot have any contact with you or the children you have together, do you have to notify him when you move? He cannot have any contact for a few years still. I wasn't sure since there was a custody order prior to the PFA if notifying him of the move was necessary or not.

Attorney Answers 5

  1. PFA supersedes the custody order since he cannot see you or the kids. I don't see why you need to put him on notice. You may want to notify the court though

  2. If you had a custody order in place prior to the PFA, you should check with a local attorney to determine whether the Judge will require you to file a Notice of Relocation and Petition even if he has not contact with the children via re PFA.

    My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

  3. If you're moving outside your county or even moving the children to a new school district (assuming they are school-age), then it may be wise to follow the procedures for custody relocation, which includes notifying your ex and giving him an opportunity to request a hearing on the matter. Section 5337(b) of Pennsylvania's child custody law states as follows: "No relocation shall occur unless: (1) every individual who has custody rights to the child consents to the proposed relocation; or (2) the court approves the proposed relocation." Your ex has custody rights, though they are temporarily suspended due to the final PFA order. You should seek court approval of the proposed relocation.

  4. I agree with the attorneys who advise you to consult an attorney about the relationship between the PFA and the custody order. In particular, you should find out if you can keep your address confidential during the term of the PFA -- but that does not mean you could just move without notice. Where there are both PFA and custody orders that involve the children, you should get advice that is specific to your situation and your jurisdiction.

    Information provided is based on what is presented and should not be considered as legal advice, nor does this answer imply any attorney-client relationship.

  5. It depends on whether the custody order is superceded by the PFA - Custody Order. Under the new Custody Act - relocation is a serious matter. If you do not contact an experienced professional, it could adversely affect your rights. I would contact an experienced family law attorney and find out whether notice is necessary.

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