Like most of us, I try to keep up with recent developments in family law by reading decisions of our appellate courts. One recent decision got me thinking about a number of issues. The case is a nonprecedential decision from the Pennsylvania Superior Court, Kahley v. Smith, No. 1284 MDA 2021 (Pa Super., May 6, 2022). Since under Superior Court I.O.P. 65.37, nonprecedential decisions can now be cited, this case is noteworthy for family lawyers. The issues involved include custody contempt, inconvenient forum under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), exclusive continuing jurisdiction, repeat custody filers, and, since this is a "summer" article, vacation time disputes.

The facts in the Kahley case are that the parties have two sons, an 11-year-old and a 15-year-old. In November 2019 the parties agreed to the entry of a custody order in Luzerne County, Pennsylvania. The order granted the mother primary physical custody of both boys and allowed the mother to relocate to Florida with the boys. The father remained in Luzerne County and had periods of partial physical custody over the summer and during Christmas vacation. On June 8, 2021, the father filed a contempt petition against the mother for her failure to return the boys to Pennsylvania for his vacation time. On July 2, 2021, the Luzerne County court granted the father's petition. Apparently, the boys did make it back to Pennsylvania because on Aug. 10, 2021, the mother filed her own contempt petition because the boys were not returned to Florida for the start of school. The mother also filed a special relief petition asking the Luzerne County court to relinquish jurisdiction to Citrus County, Florida, in that Luzerne County is no longer a convenient forum.