If it works now, I don't see the problem. However, if it still happens when your Forum is set to Maintenance Mode, then it's possible that you have made edits that are causing this to happen. Are we still talking about the custom theme? Does this happen with the SMF default theme as well?
If this happens only with the custom theme, where did you download this theme from? Please give us a link to the site from which you downloaded the theme from so that I can check it on my site to see if I can duplicate the problem.