No. 2591 October Term, 1978, Appeal from Opinion of Court of Common Pleas, Philadelphia County - Civil Action Domestic Relations - No. 77-00747
W. J. Russell Taylor, in pro. per.
Andrew Napoli, Philadelphia, for appellee.
Wickersham, Hester and Lipez, JJ.
[ 278 Pa. Super. Page 340]
The appellant, William John Russell Taylor, seeks custody of his daughter Ann Mary, age 7, born 29 May 1972 and his son Michael, age 12, born 6 March 1968.
Dr. Taylor and his former wife Carol, the natural mother, were married in Canada in 1963, and both are Canadian citizens. The two children in question were born in the United States.
In 1975 Carol Taylor commenced a divorce and custody proceeding in the Supreme Court of Ontario and the appellant, who lived in Toronto, Canada at the time, was personally served, appeared and defended the action.
A temporary custody order in favor of Carol was entered in August 1975. Thereafter, much confusion prevailed while the father and mother physically moved the children back and forth between Canada and the United States.
In March 1977, the Supreme Court of Canada entered a further and final decree awarding custody to the mother. Since the mother did not have de facto custody in March 1977, she was required to enter Pennsylvania to begin an action to enforce the Canadian Decree.
[ 278 Pa. Super. Page 341]
On September 8, 1977, following proceedings in Delaware County and Philadelphia County, Judge Robert F. Kelly of the Court of Common Pleas of Delaware County found the Ontario Court Decree entitled to recognition and enforcement pursuant to the Uniform Child Custody Jurisdiction Act, Act of June 30, 1977, P.L. 29, No. 20, § 1, 11 P.S. § 2301 et seq., and ordered the children returned to the mother. The Superior Court of Pennsylvania affirmed on April 13, 1978 and allocatur was denied by the Pennsylvania Supreme Court June 22, 1978. Attempted federal jurisdiction was denied. On July 14, 1978 the children were returned to the mother.
On August 9, 1978 the father filed his own petition in Philadelphia County seeking custody of Ann Mary and Michael. The lower court dismissed and this appeal followed. Appellant had contended in the lower court that changed circumstances had occurred ...