how to transfer jurisdiction

[Duckless]

What is the name of your state? WA

My case resides in pennsylvania but neither parent or child live in the state. Mother took child to Sweden and father moved to Washington.

Court papers state:

THIS COURT WOULD TRANSFER JURIDICTION UNDER CASE WAGNER VS WAGNER, PA. SUPERIOR COURT #142WDA 2005 FILED 11/05.
HOWEVER, SINCE THE CHILD DOES NOT RESIDE IN THE STATE OF PENNSLVANIA OR WASHINGTON UNDER UCCJEA 23 PA.C.S.A. 5401 ET. SEQ., PENNSYLANA WILL RETAIN JURISIDICTION UNTIL FURTHER ORDER OF THIS COURT.

http://www.courts.state.pa.us/OpPosting/Superior/out/a31002_05.pdf

What is a way around this and have the case transfered to Washington state where father resides. All parties involved are American citizens. Mother is has sole custody of child.

 

[LdiJ]

What is the name of your state? WA

My case resides in pennsylvania but neither parent or child live in the state. Mother took child to Sweden and father moved to Washington.

Court papers state:

THIS COURT WOULD TRANSFER JURIDICTION UNDER CASE WAGNER VS WAGNER, PA. SUPERIOR COURT #142WDA 2005 FILED 11/05.
HOWEVER, SINCE THE CHILD DOES NOT RESIDE IN THE STATE OF PENNSLVANIA OR WASHINGTON UNDER UCCJEA 23 PA.C.S.A. 5401 ET. SEQ., PENNSYLANA WILL RETAIN JURISIDICTION UNTIL FURTHER ORDER OF THIS COURT.

http://www.courts.state.pa.us/OpPosting/Superior/out/a31002_05.pdf

What is a way around this and have the case transfered to Washington state where father resides. All parties involved are American citizens. Mother is has sole custody of child.

Your problem is that if neither party lives in the originating state, then jurisdiction of the case normally follows the child. The child resides in Sweden, therefore if PA relinquishes jurisdiction, then under the UCCJEA jurisdiction should go to Sweden.

I just happened to re-read the UCCJEA today on an unrelated matter. Other countries are treated as a state for the purposes of the UCCJEA. It may be inconvenient for PA to retain jurisdiction....but I suspect its wiser to leave well enough alone.