Norman H. Abrahamson, Milford J. Meyer, Philadelphia, for appellant.
L. B. Maxwell, Honesdale, for appellee.
Before Hirt, acting P. J., and Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 168 Pa. Super. Page 189]
As stated in the opinion of the learned president judge of the court below: 'This matter is now before the Court on a petition to amend and revise, or change, a previous court order made in this case.
'* * * on September 18, 1948, * * * after hearing testimony in the matter it was agreed by the parties and
[ 168 Pa. Super. Page 190]
their counsel that the Court should make an order awarding the custody to the mother, Ellen M. Chumard, with the privilege to the father, Howard Chumard, to have the child each Sunday. It was also agreed that the child should not be removed from * * * Wayne County. Sometime later, during January, 1949, the parties appeared before the Court at an informal hearing and agreed that it would be a hardship for the child to be taken by its father each Sunday and the mother was permitted to live with her parents just over the border of Wayne County, at Forest Lake, where they were caretakers for the Forest Lake Club. * * * by agreement at that time, the father was to have the custody of the child for one week and the mother to have the custody for three weeks. This was agreed upon by the parties * * * with the permission of the Court and this has been carried out ever since, although the change of order was never reduced to writing. However, the parties have abided by said agreement and for the past year and a half this arrangement has been carried out.
'In September, 1949, the parties again appeared in court, either in person or by their attorneys, and asked permission of the Court for the child to live with its mother at Buck Hill Falls, Monroe County, where the mother was employed as a waitress at the Inn.' Since then the child has spent three weeks with its mother at Buck Hill Falls and one week with its father in South Canaan, Wayne County.
The court continued: 'The petition of Howard Chumard sets forth that the mother has violated the court order by removing the child from Wayne County * * * The allegation * * * is without merit, as the child was never moved without permission of the Court and notice to the father.'
Before hearing testimony on the present petition the court said: 'I believe this is ...