E.K. v. J.R.A.

Here, the Superior Court dealt with two interrelated orders. The Court ruled the trial court did not abuse its discretion in granting a PFA, finding that Mother had a reasonable fear of imminent serious bodily injury by Father. However, the Court vacated a Custody Contempt Order, finding the trial court violated Father’s due process rights … Read more

C.L. v. M.P.

In this custody dispute, the trial court appointed a guardian ad litem (“GAL”) and granted access to the parties’ mental health over the past 3 years. Mother (C.L.) appealed and argued her mental health records were privileged. The Court disagreed and held the parties privacy was protected because the trial court fashioned less intrusive alternatives … Read more

O.G. v. A.B.

A.B. (Mother) appealed the trial court’s order, which awarded shared custody to her and o.G. (Father). The Superior Court vacated the order and remanded. On appeal, Mother argued that Father would not permit Mother to renew the children’s Russian passports. The Superior Court remanded and directed the trial court to determine whether the restriction on the … Read more

In re JWB & RDB

Father, a Colorado resident, executed a consent to adoption to allow his children’s step-father to adopt the them. The consent complied with Pennsylvania’s Adoption Act. But it did not comply necessarily with Colorado’s corollary statute. Father later tried to revoke that consent and claimed that, under Section 2711(c) of the Adoption Act, he was entitled … Read more

In re DR

The Supreme Court held that a family court does not have authorization under the Child Protective Services Law to compel a parent to submit to a drug or alcohol test during. The Court distinguished Luminella v. Marcocci, 814 A.2d 711 (Pa. Super. 2002), by noting that the Superior Court there authorized such a search under … Read more

In re H.Y.

Parents appealed from the order of adjudication and disposition finding their son to be the victim of child abuse and dependent. During a medical examination, doctors found numerous bone fractures and bruises on the child’s body. Children & Youth Services filed a dependency petition. At the subsequent dispositional hearing, CYS presented several doctors who opined … Read more