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If abduction appears imminent, a court may issue a warrant to take physical custody of the child, direct law enforcement officers to take steps to locate and return the child, or exercise other appropriate powers under existing state laws. A warrant to take physical custody is enforceable in the enacting state even if issued by different state.
The Parental Kidnapping Prevention Act (PKPA; (Pub. L. 96–611, 94 Stat. 3573, enacted December 28, 1980; 28 U.S.C. § 1738A) is a United States law that establishes national standards for the assertion of child custody jurisdiction.
After issuing such an order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time for the parties to return to the state having jurisdiction, and argue the issues to the court with jurisdiction.
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father. [5]
The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from the courts of common pleas involving public sector legal questions and government regulation.
King's Bench jurisdiction or King's Bench power is the extraordinary jurisdiction of an individual state's highest court over its inferior courts. In the United States, the states of Pennsylvania, Virginia, Florida, New Mexico, New York, Oklahoma and Wisconsin [1] use the term to describe the extraordinary jurisdiction of their highest court, called the Court of Appeals in New York or the ...