Appeal from order of Court of Common Pleas of Montgomery County, No. 65-10651, in case of Commonwealth ex rel. Gertrude S. Katz v. Solomon Katz.
S. Gordon Elkins, with him Milton O. Moss, and Moss and Rounick, and Stradley, Ronon, Stevens & Young, for appellant.
John F. Solomon, Jr., with him William L. O'Hey, Jr., and Henderson, Wetherill & O'Hey, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.
[ 214 Pa. Super. Page 533]
Dissenting Opinion by Hoffman, J.:
This is an appeal from the order of the lower court denying a mother's petition for visitation with her fifteen year old son who is in the custody of his father, her former husband.
It is unnecessary at this point to recount the lengthy litigation which has preceded this action. It is sufficient to note that the father neither alleged nor attempted to show that the mother was unfit. His sole position was that the son did not want to visit with his mother.
The lower court accepted this position, stating: "It should be perfectly clear that this court is not denying Gertrude Katz the privilege of seeing her son. We are merely respecting the wishes of an intelligent young man in a highly personal matter. We withhold the judicial compulsion Mrs. Katz seeks because Frank's choice seems to be founded upon mature considerations."
In my opinion, the lower court, while evidencing great concern for the parties, has too readily relied upon the decisions of a boy who is at a highly impressionable ...